Oliver Garcia Guzman, A043 144 667 (BIA Aug. 20, 2013)

7/30/2019 Oliver Garcia Guzman, A043 144 667 (BIA Aug. 20, 2013)

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Nin, Amador D'Alzina69 Mayaguez Street Hato ReySan Juan, PR 00917

Name: GARCIA GUZMAN, LIVR

U

Executive Oce r Immigraon Revew

Bard fImmigatin AppealsOce fthe Clerk

57 Leebug Pik, Su 2Fs Chuch, Viia 4

OHS/ICE ffice of Chief Counsel - SAJ7 Tabonuco St., Suite 300 Rm 313)Guaynabo PR 00968

A 043-144667

Date of this notice: 8/20/2013

Enclosed s a copy of he Board's decson and order n te aboereferencd case.

Enclosure

MbPly Rg

Sncrey,

D CDonna Carr

Chf Clerk

k

Cite as: Oliver Garcia Guzman, A043 144 667 (BIA Aug. 20, 2013)

For more unpublished BIA decisions, visit www.irac.net/unpublished


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.S. Deparment of JutceExecutive.Oce r mion Review

Decision of te Bod o Immiation Appeals

Falls Church, Vrgna

Fe: A03 667 Gayab PR

e OLVR GARCA GUZA

ROVAL PROCEEDG

APPAL

Dae

ON BEHALF OF REPOENT Amad D Ana n Esqe

ON BEHALF OF H

CHARGE

agdaea Rams RmeyAsss Cef Cuse

AUG 20 2013

ce ec 2 2(a)(7)(A)()() &N Ac [8 UC I 82(a)(7)(A)()()] mman n vad mma vsa eny dcumen

APPLCATON: Wave f nadmssby psa 8 UC I 8(b)

Te espnde aeas he mma udges ac 5, 202 decs The mmadge d m admssbe as caged deemed ha e abandned s aw eeesdenc ad deed s appcan a wave f admssby nde sec 2(b) f e

mma ad anay Ac 8 U C 8(b ) e apea w be dsmssed

Te espnde s a ave ad ce f e Dmncan Repubc As ed b emma Jdge e esnden adjsed s ss a a aw pemaen esden 99 bu e e Uned aes m Pue Rc Ocbe 2007 d esded n e DmcaRepbc u y 20 (J a Exs 2) Wen e sgh eadmss e Ued aesa Pe Rc n y 8 20 e Deparmen f Hmeand ecuy (H) chged m w

beg admssbe de sec 22(a)(7)(A)()() e Ac dese s p admss as aaw peane esden Te mmga dge ssaed e chage f emvaby

Te espnde we dsug e ndng f emvab ages a e mma

Jdge shud ave ed m a wave f nadmssb As an na mae we see n ceae e mma Judges psve cedby deenan (J. a ) See 8 CFR 003 )3)()) e Bad evews a g ges ca ad cedby gs cea e ad evews quess f aw dsce jdgme and a e sses de v)

T esbs hs egb a wave de secn 2 (b) e Ac, e espde musdemsae a e s a "eg esden mman e ha he was evusy admed eae esdece e Ued aes ad s eg m a empa vs abad Seesecs 0a)(27)(A) and 2 (b) f e Ac;see as 8 CFR 2 (b)3) ad 2 As aaen pevusy admed pemae esdece e espnde as a "cabe cam

eg esde sas ad s eee eed a pesm f egby a se



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A043 144 667

211() waiver. See Matter Huang 19 &N Dec. 749, 754 (BIA 1988); Matter Kane15 I&N Dec. 25, 26 (BIA 1975). owever, he DS may ret this presption if itdemonsates y cear, neqivocal, and convincing evidence that the respondent adoned hisawl permanent resident stas (.J at 2). See id. Ascertaining whether alien intended toaandon law peanent resident stats reqires an examination of he dration ofhis asence,

he location of his famiy ties, property hodings, and jo, his pose in deparing om heUnited States, wheher his visit aroad cold have een expected to terminate wtn a relativelyshort period of time, and wheer that teination date was xed y some early event. SeeMater Huang upra at 755-57; Matter Kane upra at 26263. Considering these ctors,we aee wth the Immiation Jdge hat e DHS sstained its urden of estalishing at herespondent aandoned his lawl peanent resident stas.

irs, he respondent was asent om the United States and lived in he Dominican Replicr a continos perod of nearly 4 yeas (i.e., om ctoer 2007 to Jy 2011) (.J. at 8, 13).While sch a time perod is not dispositive to or inqiry, we aee wih the mmiation Jdgethat e respondents lengthy asence is siicant evidence of his intention to aandon lal

peanent resident status. See Maer Huang upra at 755.

Next, the respondent contends that he Immiation Jdge iled to consider e ct at hedid not re "immediately to e US [r] reasons] eyond his conol (Respondents Br. at 4).e respondent claims tat he depaed r e Dominican Replic to oan a Masters ofBsness Adminisation deee ecase his terwho aeed to pay r his schoolingwastere and tition was more aordale in hat cony (r. at 2122; Respondents Br. at 2). Matter Kane upra at 263, we acnowledged at an aliens lengthy asence om enited States shold not e consed as evidence of an aandonment of lawl resident staswhere the delayed re was an navoidale conseqence of nreseen crcmstances, "so ongas te aien contined to intend to re as soon as is orgina prpose w competed.

ere, even presming tat e respondent initiay intended to re to teUnited States (i.e., to contine te company e incoorated in Perto Rco on ctoer 1,2007) aer accompishing his edcationa goal, we see no cear eor in the Immigation Jdgesnding that he continued to work in the Dominican Replic r 2 years aer otaining hisdeee (.J. at 6). ndeed, the respondent's decision to seek gainl empoyment in his ther'ssiness e Dominican Replic, aer gradating in Janary 2009, coped wi e ct thathe raveled to varios contries r worknot incding e nited Statesoes not sggestthat he ntended to re to the United States om a tempory visit aroad (.J. at 67, 910r. at 23, 5556). o the extent tat the respondent sggests at he was prevented omreing to te nited States sooner ecase e was waiting r a nancia donation om histher in order to er his siness in Pero Rico, he has shown no clear eor in emmiation Jdges nding that "tere was no specic time r [his] er to provide tedonation that he claimed to e waiting r (.J at 7; r. at 5657, 8082; Respondent's Br. at 2).er, e respondent as not addressed the mmigration Jdges nding that no corooration

was oered to show that his re to e United States was somehow contingent on the donationom his ther (.J. at 78, 131). erere, we nd that the exception of "reseencircmstces does not apply to the respondent as he did not contine to intend to re to eUnited States. See id ("e visit aroad shold e expected to tenate wihin a perodreatively shor, xed y some ealy event, and [i]f nreseen circmsances case annavoidae delay reing, te ip wold reain is temporary character, so long e aien

2Cite as: Oliver Garcia Guzman, A043 144 667 (BIA Aug. 20, 2013)


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A043 144 667

contnued to ntend to re as soon as hs orgna purpose was compeed) (neal citatonsomitted)

While the responden also takes ssue wh the Immiaion Judge's nding tha he and hemother of hs hree chldren in the Domincan Repubc had a common law maage, gven a

"they dd not have e nenion of lving together as husband and w, his contentoneven faccepeddoes not undeine the Immaion Judge's assessment of his famlal es(Responden's Br a 3-4) In paricu he Immiaion Judge noed ha e responden areadyhad a child in the Domincan Republic when he e the Uned States and at his her and hemoer of hs chdwth whom he had wo addional chdren drng his say n e DomnicanRepublicresided here as well (IJ a 5-6, 1) Furer, the Immiaion Judge duy recoedthe respondent's testmony that his relaonshp w the mother of hs chldren was unstableut the respondent has noneheless shown no cear eor n the Immigraion Judge's ndng thathe did no estabish ha he had famy or employmen tes n e United Staes to whch he wasreing (IJ. a 1112; Respondent's Br a 4) Specicay although the responden's moerand sster apparenly live in Puerto co his her, ree chdren, and e mother of his chdren

al coninue to live in the Domincan Repubc (IJ a 5-6 r a 35, 64-67)

addon whle the respondent saes that his decison o star a bona de cooraton nPero Rco pror to hs deparre constes "unequivoca evidence of hs intenon to re othe United States, he has not demonsated hat the Immigraion Judge cleary eed anayznghs tes o the Uned States (Respondent's Br at 5) Specicay, he has shown no clear eorn the Immation Judge's ndng that he dd no demonsae an inenion o re o hs

business given ha he did no le any reports or oheise ake any armatve seps to suppohs businesswhch he regstered wih e Puerto Rico Stae Deparent only 4 dasere depang r he Dominican Republicduring hs enre absence om he Uned States(J. a 4-5, 89, 12; E. 3 at 10; r a 26-27 4048, 80, 84) Aso, e responden has not

addressed the mmiaon Judge's ndngs tha he (1) owned no propery in he Uned Staespror o hs depre; (2) dd not e ncome ax res in Puero Rco bere his depauredespite beng empoyed a a bank; and (3) had no residence to re to in Pueo Rico giventha hs moer's aparen was unavaabe as was aready being rened ou (J a 5, 8-10;r a 72-75)

sum, n igh of he ct ha om 2007 through 201, he responden's prmy physicapresence, mly es and empoyment were no in e Uned Sates, we aee wih heImmaion Judge tha the DS sstaned is uden of esablshng a he abandoned hislawpermanent resdency (J at 14) As such, he responden s nadmissie as chargedand is ineligbe r a waiver under section 21() of the Ac See, eg Matter of Muer

6 & Dec 637, 639 (B 1978) (holdng ha the appcanespie having a lalpermanen resident mother n the Uned Stateshad abandoned hs lawl permanen residencygven his enghy asence om the Unted States (e based on his decson o remain in Mexicor 6 years and ony ener the Unted Staes wce durng that ime r shor visits of a w hosduraon), and because of his maage to a Mexc cizen and hree children all of whom eMexc ciizens); Matter o/Quencio 5 I& Dec 95, 98 (B 1974) ("he mere c ha therespondent aeges at he never had a specc ntent o aandon hs peanen resden stas does not estabsh tha he had an aaive nen to re to the Unied ates aer aemporary visit aroad and holding tha the relev cors in this case "such as duraion of

3



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A03 14 667

ay and e ae veelng evdence f a cange a), ad 535 F2d 501 (9 C976)

Addally, we e epden a eed evea dcuen n appeal f wchappea elae h new cpany e Rc Bard may accep c dcme

e ecd a pecded m cndng e cure f decdng appeal(DH B a 2) See 8CR 003 (d)(3)(v) T e exen a e epnden eqe a

emand, e a n hwn a ch nan wa pevuly unavalable an cd n havebeen dcveed peened n e pr earng bee e Igan Judge See Maer ofCoelho 20 &N Dec 6 (BIA 992) Aeavey, e epnden ha led hw w an demnrae any egal cea ca e n he Ian Jdge' decn

A c, we n a e epnden a n eabed any ubanve pcedural dec nee pceedng and cnclde ha e a n wn a re pceeng e wred any a We a e a e epnden a n raed n appeal e Imman Judge'ndng a e nelgble vunar depare unde ecn 20B(b) f he Ac, 8UC 1229c(b) (J a 5) ccdngy, e epnden' appeal w be ded

ER: Te epden appea ded

Te epde ae a rly ae eug e Rc, e aed a new bne anda aeady egun mag aac, all f whch demnae "a ea he dd ave a

p ce ac ad ealh cpany (Repden B a 5) Even cnderg eepden peed dcumen a ew bne, he ha n cnee e IanJuge ndng a he wa nced by an accunan a new can becaue e an "pepared n led any nual epr e gnal] can he had ceae cbe I 2007 (IJ a 5, 90) A he new can wa neceaed by h lure ana rgal cmpany, e ec de n ppr expeed nenn e he cmpany a e aed p depae (T a 950 Repnde B a 2, 5)



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ITED TATE DEARTMET OF JTICEEXECTIVE OFFICE FOR IMMIGRATO REVE

TED TATE MMGRATION CORTGAYNABO ERTO RICO

Fe: A04314466 March 5 01

the Matter f

OLIVER GARCIA GZMAN I REMOVAL ROCEEDINGREODET

CARGE

ALICATIO:

ect 1 (a) ( (A) () (I) as a grat hat the tme f alcat fr admss s t ssess f a vald uexred gratvsa reetry ermt r ther vald etrydcumet requred y the Act.

O BEHA O

I-193 vsa aver admss t the tedtates

REODET:!O BEHALF OF D: ROAD EELY Assstt Chef Cusel

ORAL DECION AD ORDER O TE IMMIGRATIO JDGEO August 18 011 the Deartmet f Hmelad ecurty

fled a tce t Aear agast the resdet cecg

remval rceedgs ad vestg ursdct th ths Curt

8 C R 1003 14 (a) The resdet has cceded rer servce

f the tce t Aear see Exht 1 The resdet admts


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all the factua allegatons n the Notce to Appea and conede

nasblty as harged, see Exhbt 1 The repondentconcedes that he ha been outse the Unted States for over one

yea and that he s an mmgrant wthout an grant vsa unde

Seton 212{a 7 {A { { , for lack of vald entry doument

STATEMENT OF THE LAW ON REMOVALTY/INADMISSLTY

The Department of Homeland Securty must pove by clear and

convncng evdence tat the respondent an avng alen

n the case of an alen lawfully admtted for pemanent

esdence, the pertnent Secton s ll{a {13 {} Sad Secton

states n pertnent part, an alen lawfully admtted fo

pemanent resdent n the Unted States shall not be regarded as

seeng an admson nto te Unted State for the pupose of

gaton laws unless te alen {} ha abandoned o

relnqushed that status; { ha been absent fom the Unted

State fo a contnued perod n aess of 180 day Matter of

Huang, 19 &N De at 754 Matter of Rven, 25 I&N Dec 623{A 2011} See Seton 212{a 7 {A {} (} .

Any grant who at the tme of applcaton fo admsson

s not n possesson of a vald, unexpred gant vsa,

eenty permt or other vald entry document equed by the Acts nadmssble 8 C R 211 1 states that eah arrvng alen

applyng for admsson as a awfu pemanent resdent eturnng

to an unrelnqused awful pemanent resdene n te Unted

States shall present a vald, unexpred Form I-5 51, pemanent

A043-14-667 2 March 5, 2012


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resdent card, f seekng readmsson after a temporary absence

of less than oneyear8 F R Secton 2114 a) states that prsant to the

athorty contaned n 2 b of the Act an alen prevosly

laflly admtted to the Unted States for permanent resdence

ho pon retrn from a temporary absence as nadssble

becase of falre to have or to present a vald passport,

grant vsa, reentry permt, border crossng card or otherdocment reqred at the tme of entry, may be granted a avr

of sch reqreents n the dscreton of the dstrct drector,

f the dstrct drector determnes that the alen as not

otherse nadmssble at the tme of entry and s not otherse

sbject to removal Denal of a aver by the dstrct drector

s not appealable bt shall be, thot prejdce, be reneed as

an applcaton and for applcaton and reconsderaton n

proceedngs before an mmgraton Jdge

SUMMARY OF THE EVDENTARY REORD

The evdentary record n ths case conssts of Exhbt 2

hch s a Q and A, record of sorn statement taken at the

arport pon the respondent's arrval to the Unted States, at

the port of entry n San Jan, Perto Rco on ly 18, 2011.

Exhbt s a lng y the respondent, cldng Form 19,

applcaton for aver of sa th spportng docments. And

that s the extent of the docmentary evdence n ths case

All docments and Exhts have been admtted n the record and

A04-144-66 March 5 2012


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into evidene without any objetion Al admitted evidene

identified has been onsidered in its entirety regardless ofwhether speifially mentioned in the text of the deision

he respondent was the only witness to testiy he ourt

finds his testimony generally redible. However at times he

was evasive provided general inormation failed to provide

details The respondent testiied that he has been a lawful

permanent resident of the United States sine 1992 He waspetitioned by his stepfather and he ame to the United States

when he was approximately 13 years old. He went to shool in

uerto Rio from the seventh grade on. And he last departed the

United States to the Dominian Republi in September 2007 He

testiied that he is not married; that he studied his masters

degree in San Pedro de Maoris in the Dominian Republi. All

prior studies were onduted in uerto Rio.

Aording to the respondent prior to his departure from

the United States in 2007 speifially the respondent departed

the United States on Otober 5 2007 aording to the

information in the Q and A Exhibit 2 page 3 of that Exhibit

he respondent testified that before he departed the United

States, he registered a orporation with the oonwealth ouerto Rio State Department. Aording to the resondens

Exhibit 3 page 10 the orporation was registered on Otober 5

2007 that is approximately four days before the respondents

departure rom the United States on Otober 5 2007 Alhough

A043-14466 4 Marh 5 2012


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te respondet n s testmoy tred to portray tat he

regstered that corporato before departg becase he wascomng back to the Uted States to hae that corporato and to

open a bsess wt tat corporato, the trt s that te

respodent eer dd anythng abot that corporato other than

to regster t for day'be_ore e departed the Unted StatesThe respodet testfed that when e came back to Perto

Rco after ly 18, 2011 becase he had aled to make ay

reports o that corporaton becase he had aled to do anythng

wt the State Departmet or ay oter oernmet entty

Perto Rco wt tat corporaton, he had to reqest aoter

corporato to be opeed order to establs te bsness that

he clams he has at the preset tme. The respondent also

tested that whe he departed te Unted States, he ad o

property n the Unted States. He only ad two ehcles whch

he sold before he departed the Unted States So at te tme

the respodent departed, he ad othg n Perto Rco to wc

he was retrnng. He dd hae hs mother and s sster

Neertheless, the respodet we e departed the Unted

States had a chld te Domcan Repblc that ad already

bee borad ad s ather n the Domncan Repblcad adthe mother of hs cld n te Domcan Repblc wth wom te

respondet, ater departng te Uted States on October 5

200 , led wth, and sbseqently had two more chldre wth

ths person So te respondents famly, s coo law spose

A043144667 5 March 5 2012


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and his three children are in the Dominican Repblic and remain

in the Dominican Repblic. And at the time the respondentdeparted on October 5 007, he had already a child and a common

law spose in the Dominican Repblic

he respondent testified that he went to the Dominican

Repblic in order to complete his master's degree However, the

respondent in his testimony indicated that he completed his

master's degree and gradated on Janary 4, 009. So the

respondents original, according to his testimony, intention to

go to the Dominican Repblic to complete his master's degree and

come bac to Perto Rico to operate the corporation that he

registered for days beore he departed, althogh he gradated

on Janary 4, 009, he contined to live and wor in the

Dominican Repblic

The respondent testified that althogh he remained in the

Dominican Repblic, he did so to gain experience in his father's

bsiness However, the respondent testified that he travele to

dierent contries whie he was gaining experience in his

fater's bsiness Nevertheless, he never came bac to the

United States. He simply remained in the Dominican Repblic

woring for his father According to the respondent, while hewas stdying, he was woing or his father and he contined to

wor for his ather in the same capacity after he gradated and

with the same salary and nder the same conditions So it seems

to the ot that the respondent went to the Dominican Repblic,

A043-144-667 6 March 5 0


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completed h mater' at ght ad cotued to work or h

atherThe repodet tetmoy that he reaed the

Domca Republc ater Jauary 24, 200 to ga experece

ater h graduato ot peruave becaue the repodet,

accordg to h ow tetmoy, wa workg wth h ather

ce 2007 ad he cotued to work the ame capacty ad

uder the ame codto Thereore, the repodet ce hdeparture 2007, worked or h ather gag experece ad

alo tudyg ad upo graduato o Jauary 24, 200, he dd

ot retur to the Uted State, but remaed workg or h

ather the Domca Republc.

The repodet dcated that the reao he remaed

workg or h ather wa to ga experece ad alo becaue

h ather had told h that he wa gog to gve hm a

doato. Ad the repodet wa watg or that doato

order to come back to the Uted State to etablh h

ue everthele, there wa o pecc te or the

ather to provde the repodet wth the doato that he

clam he wa watg or He jut cotued to work ad or

the ather to have h bue utl the ather had eoughrot that the he provded the repodet wth $20, 000 whch

the repodet clam that he ued to coe back to the Uted

State to etablh h bue.

The repodet provded abolutel o corroborato hat

A043-44-66 7Marc 5 202


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hs father had promsed hm ay amout of moey ad that hs

retur to the Uted States was cotet po hs fatherprovd hm wth that doato. It seems that at oe pot

the respodet somehow had problems wth hs ather ad the

busess ad he just decded to leave the busess o loer

worked for hs father ad that s whe hs father provded hm

wth the uds that the respodet clams he was wat for

order to retur to the Uted States to ope hs busess.

The respodet throuhout the tme that he was the

Domca Republc whch s practcally two moths short of

our ears the respodet remaed outsde the Uted States

for three years ad te moths approxmatey from October 1

007 to Jul 18 011 Ad throuhout that tme the respodet

dd oth to pursue hs busess that he clams he left

Puerto Rco whch the oly acto he took was to corporate ad

rester ths corporato wth the State Departmet Puerto

Rco He ever dd ath else to establsh that he had a

busess that he had the tet to retur to that busess.

The respodet testfed that he ever fled taxes

Puerto Rco al thouh he was afully emploed Puerto Rco

ad worked for a bak He clams that he dd ot ear eouhmoe to fle taxes Puerto Rco ut the fact is tht he

ever dd fle taxes Puerto Rco. The respodets testmo

reard ot ear eouh moey ad hav worked Puerto

Rco pror to hs departure s etrely selserv. There s

A04-144-66 8 March 5 01


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absolutely no corroboraton that the respondent was workng n

the nted States and dd not make enough money n order to letaxes. The respondent tested that he dd le taxes and pad

taxes n the Domncan Republc.

The respondent tested that whle he was n the Domncan

Republc rom 2007 to 201 he went to razl and osta Rca n

order to vst agrcultural shows as part o hs busness wth

hs ather and as part o workng or hs ather's bsness.Althogh the respondent tested that he went to Domncan

Republc to prepare hmsel by completng hs master's degree

and to meet agrcultural contacts and return to Puerto Rco or

hs busness accordng to the respondent he never ntended to

abandon hs resdence. And he neer knew that he could hae

problems he returned to the nted States ater so many

years. The act s that the respondent dd not come back to the

nted States or almost or years and he dd not do anythng

to establsh that he had the ntent o comng back to uerto

Rco to establsh that busness that he clams he opened or or

ve days beore he departed through the Internet.

The respondent tested that when he let the nted

States on October 5 2007 he regstered a corporaton on

October 1, 200 . And hen he came back to erto Rco, the

certed publc accountant recoended that he create a newo

corporaton because he hadprepared nor led any annual reportsor the corporaton he had created on October 2007 So the

A043144667 9 arch 202


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respondent had to create a new corporation after he came back

in 20he respondent testified that when he came back to Perto

Rico in Juy 2011, he was coming back to his home in Riveras De

Rio apartment to his mother's apartment And that is what he

tried to portray that he had a house a home here to which he

was coming back to However, during testimony, the respondent

indicated that the apartment, owned by his mother was rented

and was not avaiabe to him. hat he came back to the United

States and he stayed with some friends in aynabo, Perto Rico

and ten he rented the residence where he is iving presenty.

So the respondent, at the time he came back to Perto Rico

athogh he has portrayed at a times that he was coming back

to his home, his residence the apartment owned by his mother,

the fact is that the apartment was not avaiable to him it was

rented And the respondent has never resided in that apartment

since he came back to Perto Rco.

he respondent testified that when he eft for the

Dominican Repubic he was panning to stay two years and

compete his masters degree. And that was competed in 2009

Sbseqent to that, the respondent remained working for hisfather nder the same conditions that he had been workin since

he eft and worked with hs father n 200 he respondent

indicated that he was waiting for his fathers donation and the

money he was going to use for his corporation. However, it took

A04-466 0 Marc 202


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frm 2009 20 fr he resnden receive he mney ha

he claims he as excing frm his fahrThe resnden als esified regardig he children ha

he has i he Dminica Relic His firs child as r

efre he resndes dearre he Dmiica Relic ad

since hen he had mre childre r in he Dminica

Relic ne in 2009 e i 200 And alhgh he claims he

relaishi ih his cn la sse is sal he fac isha hrgh he years since 2006 he firs child as rn

2009 he secnd child rn 200 he hird child as rn all

ih he same mher h lives in he Dminican Rlic And

his childrn ive in he Dminican Relic. And ha is he

sary f he resdens esimny in cr The resde

as he nly iness esify

Based n he evideniary recrd he Cr fids ha h

Dearme f meland Secriy has rven y clear ad

cnvincng vidnce ha he resnde is an arrivig alie ad

an alican fr admissin rsan he definiin a NA

Secin (a (3 C (ii in ha he resnden has een

asen frm he nied Saes fr a cis erid in excess

f 80 days ha is frm Ocer 2007 Jly 8 20.

The resnden has een side he nied Saes fr ver hree

years

The Cr frher fds ha he Dearme f meland

Secriy has esalished facs sring derailiy rsan

A0434466 March S 202


17/22

(

Sei 212 () () (A) (i) he A by er uequiv nd

viig evidee DHS esblished h he resden heime liin r admissi July 18 211 s

iigrn ihu a iigr visa i h he resndens

lie regisri rd Frm 1 hih s he rve

dumen h he reseed s eired sine he hd bee

uside he nied Saes r ver e yer. Ad he did

rese y her valid ery dumen s required under

8 CFR Sein 211 ()

The Cur ls fids h he resde is reurig

rm emrry visi brd i h he hs filed esblish

h he hd ies in he ied Ses h he is reuring

The resde lef his iediae miy i he Dmii

Reubli d he resde in he ied Ses lhugh he

ried rr he as reurig his hme d his mher's

rme he rme s vilble r him. The

rmen s reed d e resden hd n resided in h

rme The resde did lhugh he lims he ef

he rri he is h he regisered h rri

ur days befre he dered And he never did nyhig bu

h rri fr alms ur yers S he resnden hsiled esblish h he hd rery b nd hr is

he ied Ses he e s reurnig he nied Ses

The Cur fids h he resde quired his erme residee i 1992 bu he hs reied h saus

A4-144-66 12 Mrh 212


18/22

(

rm he me he uired i i h he s reurg

ureluished lul erme residee er emrryvis brd

The Cur ds h he resde's derure rm he

ed Ses Ober 5 200 s r emrry vsi

brd he Cur sders he derure d sy he

resde he Dm Reubli r erid ver hree

yers rm Ober 200 July 18 2011 be emrry

vis bsed he resdes esimy d evidee

reseed.

he Cur ids h he resde hs led esblsh

h he held iuus uerrued ei reur

he ed Ses durig his ere bsee The Cur

selly mes rm idig h he resde hs iled

esblish h his sy i he Dmii Reubli r ver

hree yers s ige u he urree eve h

s ed i ime smuh s he eve h s ed ime

s he resde's grdu 2009 d lhugh he

resde my hve hd ed me reur he ied

Ses his sy beyd h rm 2009 2011 s

ge u he urree eve h s ied me

As suh he Cur ludes h he resdes bsee

rm he ed Ses r ver hree yers u hs derure

reg be sidered emrry visi Ad h he

A044466 Mrh 5, 2012


19/22

he resde rrived i he ied Ses he r f S

Ju Puer Ric i Juy 211 he s reurig heied Ses rm emrry visi brd. Secificy he

ime erid fer his grdui i 29 u ui his reur i

211 Puer Ric s cige u ccurrece f

eve h s fied i ime d s such he Cur fids h

he resde hs fied esbish h he is reurig frm

emrry visi brd.

Bsed u he evideiry recrd d he fcu fidigs

cied he Cur ccudes s mer f h he

resde is ic fr dmissi ursu NA Seci

)13)C) he Cur ccudes h he resde is

ger fu erme eside f he ied Ses s

defied i NA Seci () (2} he Cur ccudes h he

resde is idmissibe he ied Ses ursu Seci 212 () 7 (A) (i) (I) d he Cur ccudes h he

resde is ic fr dmissi iigr ihu

iigr vis d ger fu erme reside

reurig frm emrry visi brd i h he hs bded

such sus. he Cur ccudes h he resde is

ieigbe fr iver f dcumes fr reurig residescied i 8 CFR 2114; 211 (b} f he Ac d he sme

mus be d re hereby deied

Regrdig vury derure s\blish eigibiiy fr

vury derure uder Seci)i [email protected] he Ac resde

A4-44-66 14 Mrch 5 212


20/22

mus rve h he hs bee hysilly rese i he ied

Ses r es e yer immediey reedig servie fhe ie Aer. The ur ids h he resde fis

mee h requireme i h he resde rrived i he

ied Ses Juy 1 201 d he ie Aer s

served he resde i ers Juy 1 2011

Therere he Cur ids he resde des mee he

sury rerequisie i h he hs bee hysiy

rese i he ied Ses r es e yer iediey

reedig servie f he Nie Aer As suh he Cur

udes h he resde is ieigibe fr vlury

derure uder Sei 240B (b f he A

ORDERS OF THE GRATON JDGE

WHEREFORE T S HEREBY ORDERED h he hrge h

ers i he ie Aer is susied d resdesremvbiiy esbished

T S HEREBY FRTHER ORDERED h he resdes

iai r iver vis ursu A 2 (b f he A

be d herei is deied

T S HEREBY FRTHER ORDERED h he resdes reues

fr vlury derure lusi reedigs uderSei 240B (b f he A be d herei is deied.

T S HEREBY FRTHER ORDERED h he resde shll be

A0414466 Mrh 2012


21/22

r(

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es ssnd n e N Ae

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Oliver Garcia Guzman, A043 144 667 (BIA Aug. 20, 2013)

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