Jorge Ernesto Pastor-Iturralde, A094 910 236 (BIA Nov. 30, 2012)

7/29/2019 Jorge Ernesto Pastor-Iturralde, A094 910 236 (BIA Nov. 30, 2012)

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Name: PASTOR ITURRALDE, JORGE E .Riders:OBB-620795 088620794

U.S. Department of JusticeExecutive Office for Immigration ReviewBoard of mmigration AppealsOffice of he Clerk5 I 0 7 Leesburg Pike. Suite 2000Falls Church, Virginia 22041

DHS/ICE Office of Chief Counsel LOS606 S. Olive Street, 8th Floorlos Angeles, CA 90014

A 094910236

Date ofthis notice: 11/30/2012

Enclosed is a copy of the Board's decision and order in the above-referenced case.

EnclosurePanel Members:Hoffman, Sharon

Sincerely,Oon.rtLCa.NLJ

Donna CarrChief Clerk

Userteam: Docket

Cite as: Jorge Ernesto Pastor-Iturralde, A094 910 236 (BIA Nov. 30, 2012)


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U.S. Department of JusticeExecutive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

Files: A094 910 236- Los Angeles, CaliforniaA088 620 794A088 620 795

Date:

In re: JORGE ERNESTO PASTOR-ITURRALDEMAGDALENA MARIA CASTRO-RIVADENEIRAMARIA EMILIA PASTORIN REMOVAL PROCEEDINGSAPPEALON BEHALF OF RESPONDENTS: Pro seAPPLICATION: Voluntary departure

NOV 8 02012

The respondents, who are natives and citizens of Ecuador, appeal from the decision of thehnmigration Judge dated February 2, 2011, ordering them removed. We review ImmigrationJudges' findings of fact for clear error, but questions of law, discretion, and judgment, and allother issues in appeals, de novo. 8 C.F.R. 1003.1(d)(3)(i), (ii). The record will be remanded.During the merits hearing on February 2, 201l, the Immigration Judge indicated that therespondents' attorney had not filed or requested any form of relief from removal on therespondents' behalf (Tr.at 44). The respondents' attorney replied: "(t]hat's right. They're not

eligible." !d. On appeal, the respondents appear prose and indicate that they did not understandthe meaning of their attorney's actions and wish to apply for relief through voluntary departureunder section 240B of the Immigration and Nationality Act, 8 U.S.C. 1229c(b)(l)(D). 1Although the respondents' attorney claimed that the respondents were "not eligible" to applyfor relief, he did not indicate why the respondents could not have applied for voluntary departure.Further, it is unclear from the record whether the respondents were ever advised about voluntarydeparture as a form of relief. Although the duty to advise the respondents in this case fell ontheir attorney, the federal regulations otherwise require an Immigration Judge to inform an alien

of any relief from removal for which he or she may be eligible. See generally 8 C.F.R. 1240.1l; see also Matter of Cordova, 22 I&N Dec. 966, 970-71 (BIA 1999) (discussing theduty to inform aliens about the availability and requirements of voluntary departure undersection 240B(a) of the Act)). See also Matter ofArguelles, 22 I&N Dec. 811 (BIA 1999).

Because it is not clear whether the respondents were properly informed of their right to applyfor relief through voluntary departure, we find it appropriate to remand the record to allow therespondents to apply for such relief, or any other relief for which they may be eligible. On1 The transcript reflects that the respondents' indicated that their best language was Spanish andthat they relied on the services of the Court's Spanish language interpreter prior to retainingcounsel (Tr. at 10).

Cite as: Jorge Ernesto Pastor-Iturralde, A094 910 236 (BIA Nov. 30, 2012)


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A094 910 236 et a!.

remand the Immigration Judge shall also provide the parties the opportunity to submit furthertestimony and documentary evidence. In addition, the respondents should be advised that theyare not precluded from continuing to request a favorable exercise of discretion from theDepartment ofHomeland Security.Accordingly, the following order will be entered.ORDER: The record is remanded to the hnmigration Judge for further proceedingsconsistent with the foregoing opinion and for the entry of a new decision.

2Cite as: Jorge Ernesto Pastor-Iturralde, A094 910 236 (BIA Nov. 30, 2012)


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n\MIGRATION COURT606 SOUTH Ol"IVE ST., 15TH FL.LOS ANGELES, CA 90014In the Matter of

Case No.: A094-910-236PASTOR ITURRALDE, JORGE ERNESTORespondent IN REMOVAL PROCEEDINGS

ORDER OF THE IMMIGRATION JUDGEThis i s a summary of the ora l decisi,Jn entered on " i j : J w r ~ Z..., lJ:J ' (This memorandum i s so le ly for the convenience of the par t i e s . \S l f theproceedings should be appealed or reopened, the oral decis ion wi l l becometh e off ic ia l opinion in the case. ~~ The respondent was ordered removed from the United States t o ~

~ r it 'Eke el_ezna"Ek a to( 1 Respondent's appl icat ion for voluntary departure was denied andrespondent was oidered removed to or in theal ternat ive to .Respondent's appl icat ion for v o l u n ~ a r y departure was granted unt i l

upon posting a bond in the amcunt of $with an al ternate order of removal to .Respondent's appl icat ion for:( ] ~ . s y l u m was ( ) granted ( ) denied ( ) T,lithdra'Nn.[ W i ~ h h o l d i n g of removal was )granted 1 )denied )withdrawn.[ A Waiver under Sect ion was 1 ) granted ( ) denied I withdrawn.[ Cancel lat ion of removal under sect ion 240A(a} wa s ( )granted )denied( ) wi thdraw!J.Respondent's appl icat ion for:[ l Cancellation under section 240A(b) (1) was ( ) granted I denied( ) withdrawn. I f granted, i t i s ordered tha t the respondent be issued

a ll appropriate documents necessary to give ef fec t to th is order.Cancel lat ion under section 240A (b) ( 2) was ( ) granted ( ) deniedI )withdrawn. I f granted i t i s ordered that the respondent be issueda l l appropriated documents necessary to give ef fec t to th is order .Adjustment of Status under Section was ( )granted ( )denied( )withdrawn. I f granted i t i s ordered that the respondent be issued

a l l appropriated documents necessary to give ef fec t to th is order .Respondent 's appl ica t ion of ( I withholding of removal ( ) deferra l ofremoval under Art ic le III of the Convention Against Torture wasI ) granted I ) denied I ) withdrawn.Respondent's s tatus was rescinded under sect ion 246.

R ~ s p o n d & n t i s admitted to the United States as a ___ unt i l bond.s a condit ion o f admission, respondent i s to post a $ - - - ~ ~ Respondent knowingly f i led a fr ivolous asylum appl ica t ion af te r propernot ice .Respondent was advised of the l imi tat ion on discret ionary re l i e f forfai lure tc appear as ordered in the Immigration Judge's oral decis ion.Proceedings were terminated.Other:Date: Feb 2, 2011

MONICA M. LITTLEImmigration JudgeAppeal Due By:. ~ 4 . '2..o\\


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IMMIGRATION COURT

606 SOUTH OLIVE ST., 15TH FL.LOS ANGELES, CA 90014In the Matter of

Case No.: AOBB-620-794G1STRO RIVADENEIRA, Ml'.GDALENA MAR!!I.Respondent IN REMOVAL PROCEEDINGSORDER OF THE IMMIGRATION JUDGE

This i s a summary of the o r a l dec is ion ente red on \i...Utu 0 b.J.A 2., C.O \IThis memorandum i s s o l e l y for the convenience of the pa rt i e s . ~ f ' l h eproceedings should be appealed or reopened, the or a l d e c i s ion w i l l becomethe of f ic ia l opinion in the case.[ )4:) The respondent ...,as ordered removed from the United States to tt ~ dacf"\.._..

.nr in the alt iaF.at ioe La .Respondent's applicat ion fer voluntary departurerespondent wa s ordered removed tc or in thea l t e r n a t ive to .Respondent's applicatioP.. for voluntary departureupon posting a bond in the amount of $

w i ~ h an a l t e r n a t e order of removal to .Respondent's ap p l i c a t i on for:[ ] Asylum was I )granted )denied( )wi thdrawn.

wa s denied an d

wa s granted u n t i l

[ ) Withholding of removal ras ( ) granted ( ) denied ) withdrawn.[ ) A Waiver under Sect ion _____ was i )granted 1 )denied )withdrawn.[ ) Cance l la t ion of removal under sec t ion 240A(a) was 1 )granted )deniedI ) withdrawn.Respondent's ap p l i c a t i on for:[ ] Cance l la t ion under sec t ion 240Aib) 11) was 1 ) granted ) deniedI ) withdrawn. I f gran ted , it i s ordered t h a t th e r esponden t be i ssued

a l l appropr iate documents necessary to give e f f e c t to t h i s order .Cance l la t ion under sec t ion 240A(b) (2) was ( )granted ( )denied( )withdrawn. I f granted it i s ordered t h a t the r esponden t be i ssueda l l appropriated documents necessary to g i ve e f f e c t to t h i s order.Adjustment o f Sta tus under Sect ion was r )granted ( )deniedI I withdrawn. If granted it i s ordered t ha t .the respondent be i ssued

a l l appropriated documents necessary to give e f f e c t to t h i s order .Respondent 's app l ica t ion of 1 ) withholding of removal I ) defe r r a l ofremoval under Ar t i c l e I I I of the Convention Agains t Tor ture wasI ) granted ( ) denied ( ) withdrawn.Respondent 's s t a t u s was resc inded under se c t ion 246.Respondent i s admit ted to the United Sta tes as a u n t i lAs a condi t ion o f admiss ion, respondent i s to p o s ~ bond.Respondent knowingly f i l ed a f r ivolous asylum app l ica t ion a f t e r propern ot i c e .Respondent was advised o f the l im i t a t ion on discre t ionary r e l i e f fo r

f a i l ~ r e to appear as ordered in the Immigration Judge 's or a l d e c i s i on .Proceedings w e r ~ terminated .Other:Date:

Appeal: Appeal Due By:MONICA M.Immigration Judge~ L\1 "2.0\1


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In the Matter ofPASTOR, MARIA EMILIA

Hespondent

lMMIGRATION COURT606 SOUTH OLIVE ST., 15TH FL.

LOS ANGELES, CA 90014Case No.: A088-620-795

IN REMOVAL PROCEEDINGSORDER OF THE IMMIGRATION JUDGE

This i s a summary of the ora l dec is ion ente red on ~ t - \ . A _ ~ Z.. i!J:;;J \ \This memorandum is solely for the convenience of the p a ~ I f ~ h eproceedings should be appealed or reopened, the ora l decision wil l becomethe off ic ia l cpinion in the case.[ ~ The respondent was orde:red t:emo\'ed from the United Sta tes to e . c . . . . . . . .sF iu tl:e altctJIJLive to .Respondent 's app l ica t ion fo r voluntaty depar ture was denied andrespondent l.'llaS ordered removed to or in the

a l t e rna t ive to .Respondent 's appl ica t ion for voluntary depar ture was granted unt i l

upon posting a bond in the amount of $with an a l t e rna te order of removal to .Respondent 's appl ica t ion for :[ ] Asylum was ( Igranted Idenied ( 1withdrawn.[ l Withholding of removal was ( ) granted ( ) denied )withdrawn.[ l A Naiver under Section ~ < a s ( ) qranted ( I denied ( ) withdrawn.[ ] Cancel la t ion of removal under sec t ion . 24 OA (a) Nas ( ) granted ( ) deniedI ) withdrawn.Respondent 's appl ica t ion for :[ ] Cancel la t ion under sect ion 240A(b) (1) was ( ) granted I deniedI ) withdrawn. If granted, i t i s ordered tha t the respondent be issueda l l appropr ia te documents necessary to give ef fec t to th i s order .Cancel la t ion under sect ion 240A(b) 121 was ( )granted ( )denied( )withdrawn. I f granted it i s ordered tha t the respondent be issueda l l appropr ia ted documents necessary to give ef fec t to th i s order .Adjustment of Status under Section was ( )granted ( )denied( )withdrawn. I f granted it i s ordered tha t the respondent be issued

a ll appropriated documents necessary to give ef fec t to t h i s order.Respondent 's appl ica t ion of ( I withholding of removal ( ) deferra l o fremoval under Art icle I I I of the Convention Against Torture was( ) granted ( ) denied ( ) withdrawn.} Respondent 's s ta tus was rescinded under sec t ion 246.] Respondent i s admitted to the United Sta tes as a unt i l) As a condi t ion of admission, respondent is to p o s ~ bond.) Respondent knowingly f i led a fr ivolous asylum appl ica t ion a f t e r propernot ice .Respondent was advised of the l imita t ion on discre t ionary r e l i e f fo rfa i lure to appear as ordered in the I ~ m i g r a t i o n Judge's ora l decis ion.Proceedings were terminated.Other:Date: Feb 2, 2011

AppealMlWM?fuD;;:::::--Imrnigration JudgeDue By:~ '-l,2ou

Jorge Ernesto Pastor-Iturralde, A094 910 236 (BIA Nov. 30, 2012)

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