U.S.

Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
Office of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, Virginia 20530

OHS/ICE Office of Chief Counsel - LOS

606 S. Olive Street, 8th Floor
Los Angeles, CA 90014

Name: RODRIGUEZ GARCIA, JOSE JU...

A 044-581,.069
Date of this notice: 5/6/2015

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

Donna Carr
Chief Clerk
Enclosure
Panel Members:

Grant, Edward R.

Userteam: Docket

For more unpublished BIA decisions, visit

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Cite as: Jose Juan Rodriguez Garcia, A044 581 069 (BIA May 6, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Knapp, Andrew Michael, Esq.

Immigrant Access to Justice Assistance
1301 W. 2nd St. #100
Los Angeles, CA 90026

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 20530

File: A044 581 069 -Los Angeles, CA

Date:

MAY -12015

In re: JOSE JUAN RODRIGUEZ GARCIA a.k.a. Jose Juan Rodriguez-Garcia

APPEAL
ON BEHALF OF RESPONDENT: Andrew Michael Knapp, Esquire
APPLICATION: Redetermination of custody status
The respondent, a native and citizen of Mexico, appeals from the Immigration Judge's
decision dated January 16, 2015, denying the respondent's request for a change in custody status.
The record will be remanded to the Immigration Judge.
The Board reviews an Immigration Judge's findings of fact, including findings as to the
credibility of testimony, under the "clearly erroneous" standard. 8 C.F.R. 1003.1(d)(3)(i). The
Board reviews questions of law, discretion, and judgment and all other issues in appeals from
decisions oflmmigration Judges de novo. 8 C.F.R. 1003.l (d)(3)(ii).
On April 15, 2014, the Immigration Judge conducted a bond hearing pursuant to the Order
and Preliminary Injunction in Rodriguez v. Robbins, No. 2:07-CV-03239 (C.D. Cal.
Sep. 13, 2012); aff'd, 715 F.3d 1127 (9th Cir. 2013), and denied the respondent's request for a
change in custody status after concluding that the Department of Homeland Security had
established by clear and convincing evidence that the respondent posed a danger to the
community such that his continued detention was warranted. The respondent did not appeal
from that order. On January 7, 2015, the respondent requested a subsequent bond hearing,
pursuant to Casas-Castrillon v. DHS, 535 F.3d 942 (9th Cir. 2008), which the Immigration Judge
denied on January 16, 2015. The respondent appeals from the Immigration Judge's
January 16, 2015, decision.
After an initial bond redetermination, a request for a subsequent bond redetermination shall
be made in writing and shall be considered only upon a showing that the alien's circumstances
have changed materially since the prior bond redetermination. See 8 C.F.R. 1003.19(e). Upon
de novo review, we conclude that the respondent has presented evidence on appeal to establish a
material change in circumstances from the respondent's last bond reconsideration on
April 15, 2014, such that remanded proceedings are warranted.
Specifically, the record reflects that in 2011, the respondent was convicted of obstructing or
resisting executive officers in performance of their duties, in violation of section 69 of the
California Penal Code (I.J. at 1). The respondent was ordered removed by the Immigration
Judge on February 20, 2014, and that decision was upheld by this Board on appeal on
July 8, 2014. The respondent filed a petition for review of that decision with the United States
Court of Appeals for the Ninth Circuit. On appeal in the present bond proceedings, the
respondent has presented evidence that the Office of Immigration Litigation has filed with the
Cite as: Jose Juan Rodriguez Garcia, A044 581 069 (BIA May 6, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN BOND PROCEEDINGS

A044 581 069

.,

ORDER: The record is remanded to the Im igration Court for further proceedings
consistent with the foregoing opinion and for the entry o a new decision.

FOR THE BOA

2
Cite as: Jose Juan Rodriguez Garcia, A044 581 069 (BIA May 6, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Ninth Circuit an unopposed motion to remand the removal proceedings to the Board, in part, for
the Board to reconsider its decision, with respect to the respondent's conviction under section 69
of the California Penal Code, in light of the Ninth Circuit's decision Almanza-Arenas v. Holder,
771 F .3d 1184 (9th Cir. 2014). Under these circumstances, we conclude that a subsequent bond
hearing is warranted pursuant to 8 C.F.R. 1003.19(e). We note that, in remanded proceedings,
the Department of Homeland Security continues to bear the burden of establishing, by clear and
convincing evidence, that the respondent poses a danger to the community or a flight risk to
justify his continued detention. Accordingly, the following order will be entered.