U.S.

Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5 J 07 Leesburg P;ke, Suite 2000
Fals Church, Vrginia 20530
OHS/I CE Ofice of Chief Counsel - KRO
18201SW12th St.
Miami, FL 33194
Name: VASQUEZ-JIMENEZ, MIGUEL A 205-655-834
Date of this notice: 7/10/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Grant, Edward R.
Sincerely,
DC C t
Donna Carr
Chief Clerk
Lulseges
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Miguel Vasquez-Jimenez, A205 655 834 (BIA July 10, 2014)
U.S. Department of Justice
Executive Offce fr Imigation Review
Falls Church, Virginia 20530
File: A205 655 834 - Miai, FL
Decision of the Boad of Imigation Appeals
Date: JUL 1 0 2014
In re: MIGUEL VASQUEZ-JIMNEZ a.k.a. Jorge Jimenez-Nava
IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Pro se
ON BEHALF OF OHS: Georgina M. Picos
Assistant Chief Counsel
The respondent appeals fom te decision of te Imigation Judge, dated Jauay 24, 2013,
ordering te respondent removed to Mexico. The record will be remaded to te Immigration
Judge.
Te Boad reviews an Immigation Judge's fndings of fct, including fndings as to te
credibility of testimony, under the "clearly eroneous" standad. 8 C.F.R. 1003.l(d)(3)(i). The
Board reviews questions of law, discretion, and judgment and all other issues in appeas fom
decisions oflmmigation Judges de novo. 8 C.F.R. 1003.l(d)(3)(ii).
The record refects tat the respondent appeaed pro se befre the Immigation Judge, ad the
Immigration Judge, afer questioning the respondent regarding the contents of the Notice to
Appear (For 1-862) and te respondent's family ties in the United States, deterined tat te
respondent was not eligible fr any relief fom removal, and thus ordered te respondent
removed. A review of te record, however, indicates that the respondent, who entered te
United States in 2003, may be eligible fr volunty depare. Matter of Cordova, 22 I&N Dec.
966, 970 n.4 (BIA 1999) (holding that an Immigation Judge must advise a respondent of the
frms of relief fr which he or she is apparently eligible, including voluntary departe). Under
tese circumstances, we conclude tat a remad is warated fr the Immigration Judge to
determine wheter the respondent is eligible fr voluntary depaure and if so, to provide te
respondent wit an opportunity to pursue volutary departure, either pre-conclusion or
post-conclusion, and fher to advise the respondent regading te diference between the two
frms of voluntary depaue. See sections 240B(a), (b) of the Immigration ad Nationality Act,
8 U.S.C. 1229c(a), (b); Matter of Argeles-Campos, 22 I&N Dec. 811, 817 (BIA 1999).
To the extent that the respondent seeks humanitaria relief in order to remain in tis county,
neiter te Immigation Judge nor the Boad can gant relief on the basis of humaitia or
equitable grouds. See Mater of Medina, 19 I&N Dec. 734 (BIA 1988). Any request fr
prosecutorial discretion must be made to the Depament of Homelad Secuty. See 8 C.F.R.
241.6.
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Cite as: Miguel Vasquez-Jimenez, A205 655 834 (BIA July 10, 2014)
.
A05 655 834
Accordingly, te fllowing order will be entered.
ORDER: Te record is remanded to te I igration Judge fr. fer proceedings
consistent wit the fregoing decision.
2
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Cite as: Miguel Vasquez-Jimenez, A205 655 834 (BIA July 10, 2014)
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
MIAMI, FLORIDA
File: A205-655-834
In the Matter of
January 24, 2013
MIGUEL VASQUEZ-JIMENEZ IN REMOVAL PROCEEDINGS
RESPONDENT
CHARGES: Section 212(a) (6) (A) (i), Section
212 (a) (7) (A) {ii).
APPLICATIONS: None.
ON BEHALF OF RESPONDENT: PRO SE
ON BEHALF OF OHS: GEORGINA PICOS
ORAL DECISION OF THE IMMIGRATION JUDGE
The respondent is a single male, native and citizen of
Mexico who entered the United States sometime in 2003. At that
time, he entered the United States without inspection. As a
result of his manner of entry, the Government instituted these
removal proceedings by the issuance of a Notice to Appear dated
October 17, 2012. The respondent admitted the truth of the
factual allegations contained in the Notice to Appear. Based
upon the respondent's admissions, the Court finds that
respondent is removable as charged.
The respondent does not wish to be removed from the
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United States. He indicated that he has his family here
residing and does not wish to return to Mexico.
The Court has inquired as to whether or not there is
any possible relief for the respondent in the avenues of relief
and finds none available to the respondent. The respondent does
not have the requisite time or qualifying relative to apply for
cancellation of removal.
He has indicated that he attempted to get a driver's
license, but no other attempts to legalize his status here in
the United States. Respondent would be ineligible for
adjustment of status, cancellation of removal, suspension of
deportation, registry, or any other applications that come to
mind. Therefore, the Court issues the following order.
ORDER
IT IS HEREBY ORDERED that respondent be ordered
removed from the United States to Mexico. The Court did inform
the respondent about the possibilities of prosecutorial
discretion, and he is going to be sending that in conjunction
with the appeal.
IT IS ORDERED that respondent be ordered removed from
the United States to Mexico on the charges contained in the
Notice to Appear.
A205-655-834
Please see t:e net page or electronic sigature
JOHN OPACIUCH
Imigration Judge
2 January 24, 2013
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A205-655-834 3
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J
/Isl/
Imigration Judge JOHN OPACIUCH
opaciucj on March 12, 2013 at 11:51 A GMT
A205-655-834 4 January 24, 2013
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I
CERTIFICATE PAGE
I hereby certify that the attached proceeding before JUDGE
JOHN OPACIUCH, in the matter of:
MIGUEL VASQUEZ-JIMENEZ
A205-655-834
MIAMI, FLORIDA
is an accurate, verbatim transcript of the recording as provided
by the Executive Office for Immigration Review and that this is
the original transcript thereof for the file of the Executive
Office for Immigration Review.
CAMILLE G. MILLER (Transcriber)
DEPOSITION SERVICES, Inc.
March 7, 2013
(Completion Date)
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