Schneiderman, Barry, Esq.

Kincheloe & Schneiderman

4010 University Drive, Suite 103
Fairax, VA 22030
Name: ESPINOZA RIVERA, JILMAR
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leeburg Pike, Suite 2000
Fals Church, Vrginia 20530
OHS/ICE Ofice of Chief Counsel - WAS
1901 S. Bell Street, Suite 900
Arlington, VA 22202
A 097 149-155
Date of this notice: 7/14/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Hoffman, Sharon
Sincerely,
Do c w
Donna Carr
Chief Clerk
williame
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Jilmar Espinoza Rivera, A097 149 155 (BIA July 14, 2014)
U.S. Department of Justice
Executive Ofce fr Imgration Review
Decision of the Board of Imgration Appeals
Falls Chuch, Viga 20530
File: A097 149 155 - Arlington, VA
I re: JIMAR ESPIOZA RIVERA
I RMOVAL PROCEEDIGS
APPEAL A MOTION
Date:
ON BEHALF OF RESPONDENT: Bary Schneideran, Esquire
; JUL 1 .?OM
- - -- # J
The respondent, a native ad citizen of Bolivia, appeals te Imigation Judge's
November 19, 2012, decision, fnding the respondent removable, a chaged, ad denying his
request fr a continuace. The record will be remaded to the Iigation Court fr fer
proceedings in accordace with tis opinion ad te enty of a new decision
The respondent does not dispute his removability, but agues tat the Immigation Judge
should have administatively close proceedings or gated a fther continuace of tese
proceedings to allow him to pursue his application fr adjustment of status. The respondent
contends tat he is the benefciay of a approved Imigat Petition fr Alien Worker (For 1-
140), ad is curently waiting fr a visa number to become available. Further, te respondent
claims tat his United States daughter, whom he supports, will soon be turing 21, ad will be
eligible to fle a immediate relative visa petition (For 1-130) on his behalf (Respondent's
Brief; Tr. at 27).
A review of the record reveals that on November 19, 2012, the hnmigation Judge denied te
respondent's request fr administrative closure and continuance,
1
noting the Depaent of
Homelad (DHS) security's objections. I Matter of Avetisyan, 25 I&N Dec. 688, 694 (BIA
2012), we deterined that, pursuant to te authority delegated by the Attorey General and te
responsibility to exercise that authority with independent judgent ad discretion, a
Immigation Judge may administratively close removal proceedings, even if DHS opposes such a
motion, if it is otherwise approprate under the circumstaces, overling Matter of Gtierez,
21 I&N Dec. 479 (BIA 1996). We also enumerated a non-exclusive list of fctors to consider
when deterining whether administrative closure is appropriate. Id. at 696.
On appeal, the respondent has fled a motion to remand, requesting administative closure.
The Depaent of Homelad Security has not opposed this motion. Under the circumstaces,
we fnd that it is appropriate to remad the record so that the Imigration Judge may undeake
any additional fct-fnding tat may be necessay ad evaluate te administrative closure request
in light of Matter of Avetisyan based on the respondent's eligibility fr adjustent of stat
1 I Matter of Hashmi, 24 l&N Dec.785 (BIA 2009), ad Matter of Rajah, 25 I&N Dec. 127
(IA 2009), te Board set out criteria fr evaluating wheter good cause existed to continue
removal proceedings to await the adjudication of a pending family-based or employment-based
visa petition or labor certifcation.
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Cite as: Jilmar Espinoza Rivera, A097 149 155 (BIA July 14, 2014)
A097 149 155
thoug either a employent-based; or a immediate faily-based visa petition. Accordingly,
the fllowing order will be entered.
ORER: The record is remanded to the Immigation Cou fr frer proceedings
consistent wit the fregoing opinion ad fr the enty of a new decision.
2
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Cite as: Jilmar Espinoza Rivera, A097 149 155 (BIA July 14, 2014)
\
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
ARLINGTON, VIRGINIA
File: A097-149-155
In the Matter of
JILMAR ESPINOZA RIVERA
RESPONDENT
November 19, 2012
IN REMOVAL PROCEEDINGS
CHARGES: 237(a) (1) (C) (i) of the INA, trying to maintain
conditions of non-imigrant status.
APPLICATIONS: Continuance or voluntary departure in the
alternative.
ON BEHALF OF RESPONDENT: BARRY SCHNEIDERMAN
ON BEHALF OF OHS: TYLER WOOD
ORAL DECISION OF THE IMMIGRATION JUDGE
Respondent, through counsel, aditted the allegations
and conceded removability as charged. Respondent wishes to have
a continuance so that his child can complete a semester of
school and really so he can take advantage of a change in the
law, if the law changes. However, although there is a fairly
good chance that the law may change in the next year, it is not
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clear that it will be in time for respondent to benefit; and, in
any event, it is entirely speculative as to what the new law
might say.
Respondent has been denied discretionary relief by
OHS. He is the beneficiary of an approved I-140, but the visa
is not current He also has an 18-year-old daughter
who is a U.S. citizen and will be able to petition for him when
she is 21, but that also is too far in the future. The case has
been pending for three years. The Government is opposed to
further continuances, and the Court agrees with the Government
Attorney that continuance should not be granted. Respondent is
eligible for voluntary departure, which is not opposed.
ORDERS
The Court's orders are as follows: 1) I find
respondent removable as charged; 2) continuance is denied; and
3) voluntary departure will be granted through January 18, 2013,
subject to the posting of a bond in the amount of $500 no later
than November 27, 2012, with an alternate order of removal to
Bolivia if he fails to comply.
A097-149-155
Please see the net page for eiectronic sigture
LAWRENCE 0. BURMAN
Immigration Judge
2 November 19, 2012
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/Isl/
Imigration Judge LAWRENCE 0. BURMAN
burmanl on February 5, 2013 at 2:41 PM GMT
A097-149-155 3 November 19, 2012
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