Yeraldi Magdalena Rivas-Romero, A200 039 291 (BIA Aug. 12, 2014)

Name: RIVAS-ROMERO, YERALDI MAG ...
U.S. Department of Justice

Executive Office for Immigration Review
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5107 Leesburg Pike. S1111e 2000
Fals Church. Virgmia 20530
OHS/ICE Office of Chief Counsel - LOS
606 S. Olive Street, 8th Floor
Los Angeles, CA 90014
A 200-039-291
Date of this notice: 8/12/2014
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Grant, Edward R.
Sincerely,
Dcn c a'
Donna Car
Chief Clerk
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Yeraldi Magdalena Rivas-Romero, A200 039 291 (BIA Aug. 12, 2014)
U.S. Department of Justice
Executive Ofice for Immigration Review
Falls Chmch, Virginia 20530
File: A200 039 291 - Los Angeles, CA
I re: YERALDI MAGDALENA R AS-ROMERO
I REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Pro se
APPLICATION: Administrative closure
Decision of the Board oflrigration Appeals
Date:
AUG 122014
The respondent, a native and citizen of El Salvador, has fled an appeal fom the Immigration
Judge's March 15, 2013, decision ordering her removal fom the United States. The respondent
argues on appeal that the Immigration Judge erred in denying her motion to administratively
close her proceedings on the basis of a pending application for Deferred Action for Childhood
Arrivals. A check of the United States Citizenship and Immigration Services' online Case Status
system using receipt number WAC1390421l88 discloses that, on September 5, 2013, the USCIS
mailed the respondent a notice of approval of that application. Given this fact, we fnd that
administrative closure on the basis of the respondent's 2013 grant of Deferred Action fr
Childhood Arrivals is warranted. If either party to this case wishes to reinstate the proceedings, a
written request to reinstate the proceedings may be made to the Board. The Board will take no
frther action in this case unless a request is received from one of the parties. The request must
be submitted directly to the Clerk's Office, without fee, but with certification of service on the
opposing party. Accordingly, the following order will be entered.
ORDER: The proceedings before the Board of Immigration Appeals m this case are
administratively closed.
FOR
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Cite as: Yeraldi Magdalena Rivas-Romero, A200 039 291 (BIA Aug. 12, 2014)
IMMIGRATION COURT
606 SOUTH OLIVE ST.
LOS ANGELES, CA 90014
In the Matter of
Case No.: A200-039-291
RIVAS-ROMERO, YERALDI MAGDALENA
Respondent
IN REMOVAL PROCEEDINGS
ORDER OF THE IMMIGRATION JUDGE
This is a summary of the oral decision entered on
MAR 1 5 Jl1
This memorandum is solely for the convenience of the parties. If the
proceedings should be appealed or reopened, the oral decision will become
the official opinion in the case.
[ ] The respondent was ordered removed from the United States to
or in the alternative to .
[ Respondent's application for voluntary departure was denied and
respondent was ordered removed to 4 _[ _]I
a
Respondent's application for voluntary departure was granted until
upon posting a bond in the amount of $
with an alternate order of removal to .
Respondent's application for:
[ J Asylum was ( )granted )denied( )withdrawn.
[ J Withholding of removal was ( )granted ( )denied )withdrawn.
[ J A Waiver under Section was ( )granted )denied ( )withdrawn.
[ ] Cancellation of removal under section 240A(a) was ( )granted )denied
( )withdrawn.
Respondent's application for:
[ ] Cancellation under section 240A(b) (1) was ( ) granted ) denied
[ l
['
( ) withdrawn. If granted, it is ordered that the respondent be issued
all appropriate documents necessary to give effect to this order.
Cancellation under section 240A(b) (2) was ( )granted ( )denied
( )withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this order.
Adjustment of Status under Section was ( )granted ( )denied
( )withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this order.
Respondent's application of ( ) withholding of removal ( ) deferral of
removal under Article III of the Convention Against Torture was
( ) granted ( ) denied ( ) withdrawn.
Respondent's status was rescinded under section 246.
Respondent is admitted to the United States as a until
As a condition of admission, respondent is to post a $ bond.
Respondent knowingly filed a frivolous asylum application after proper
notice.
Respondent was advised of the limitation on discretionary relief for
failure to appear as ordered in the Immigration Judge's oral decision.
Proceedi
?
S were t
minated.

other: ke w
Date: Mar 15, 2013
c-
.
T NASELOW -NA
Appeal: Waiveserved" Appeal Due By:
Ret
APA 1 5 21
Immigration Judge
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UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
LOS ANGELES, CALIFORNIA
File: A200-039-291
March 15, 2013
In the Matter of
YERALDI MAGDALENA RIVAS-ROMERO
)
)
)
)
IN REMOVAL PROCEEDINGS
RESPONDENT
CHARGE:
APPLICATION:
Section 212(a)(6)(A)(i) of the Immigration and Nationality Act, as
amended, in that you are an alien present in the United States
without being admitted or paroled, or who arrived in the United
States at any time or place other than designated by the Attorney
General.
Post-hearing voluntar deparure.
ON BEHALF OF RESPONDENT: BEN ONYENACHO
ON BEHALF OF OHS: CHRISTIE E. WOO-THIBODEAUX
ORAL DECISION OF THE IMMIGRATION JUDGE
Respondent is a female, native and citizen of El Salvador. The United
States Deparment of Homeland Security (OHS) has brought these removal
proceedings against respondent under the authority of the Immigration and Nationality
Act (Act, or INA). Proceedings were commenced with the filing of the Notice to Appear
(NTA) with the Immigration Court on August 31, 2005. See Exhibit 1.
Respondent was initially before this Court in Harlingen, Texas, at which
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time there was a change of venue, on March 28, 2007. Respondent failed to appear for
her hearing on May 21, 2007, and an in absentia order was issued. Respondent initially
filed a motion to reopen before the Immigration Court, which was denied on April 16,
2010. A timely appeal was filed to the denial of the motion to reopen. And the Board, in
the totality of the circumstances, given respondent's age, granted the motion to reopen
on June 8, 2011. The case was then sent back to the Immigration Court for
proceedings. And the case was set for a hearing on January 17, 2012. Respondent
once again failed to appear for her hearing, and an in absentia order was entered.
Respondent subsequently filed a new motion to reopen. And the Cour, given the
respondent's age (and the only reason for that was because she was 16 years old at
the time), granted the motion to reopen. Respondent has been living with her mother
throughout these proceedings, and has been represented since she has been back
before the Court.
Respondent, while represented by an attorney, on November 16, 2012,
admitted to the 4 factual allegations and conceded removability. Respondent admits
that she is not a citizen or national of the United States, but a native and citizen of El
Salvador; that she arrived in the United States at or near Roma, Texas, on or about
August 21, 2005, and was not then admitted or paroled after inspection by an
Immigration Officer. Respondent does also concede that she is removable as charged,
pursuant to Section 212(a)(6)(A)(i) of the Act, in that she is an alien present in the
United States who has not been admitted or paroled. Respondent designated El
Salvador as the country of removal. Based on respondent's admissions and
concessions, and other evidence of record, the Court does find respondent removable
as charged.
On November 16, 2012, the case was set over until today's date, for
A200-039-291
2
March 15 2013
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respondent to file all relief applications or any joint motion or agreement that she could
reach with Government Counsel regarding administrative closure. Or, if she wished to
pursue relief under DACA, then that application should have been filed, and, if granted,
also a request to administratively close. Respondent appeared with counsel on March
15, 2013 with no applications for relief and no agreement from Government Counsel to
administratively close the proceedings. Counsel for respondent also stated that they
were looking into DACA but that nothing had been granted as of today's date.
The Court, at the hearing on November 16, 2012, was very clear that if
respondent did not file any relief applications before the Court that an order would be
entered accordingly. Respondent stated that although Government Counsel has
agreed to potentially admin close this case, pending background checks, that
background checks have not been completed because respondent has not yet
fingerprinted. Respondent has asked for another continuance to allow her to complete
her fingerprints and to complete any sort of agreement they can reach with Government
Counsel.
Requests for continuance may be granted for good cause. The Court
finds that good cause has not been granted. Respondent has been given many
opportunities in this case. This case pends back to 2005. And although the Cour will
note the respondent was 10 years old when these proceedings were first initiated, the
case was reopened to give her another opporunity in 2011. Again, respondent failed to
appear for her hearing after reopening. And her basis for failing to appear was that it
was an oversight on her and her mother's behalf. This is not an excuse for failing to
appear for a hearing. But because of respondent's age, the Cour did grant her that
request and give her one more opportunity. But, again, respondent failed to comply
with the orders of the Court. And it was very clear, both orally and in writing, that all
A200-039-291 3 March 15, 2013
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I
(
applications for relief must have been filed by today's date, or a joint motion or
unopposed motion to administratively close filed with the Cour, or this Court would
enter an order accordingly. At this time, the Court has no applications for relief, it has
no joint motion or unopposed motion to administratively close, nor does it have any
request from respondent for a motion to admin close based on the factors laid out in
Matter of Avetisyan, nor do there appear to be any of those factors, as respondent is
strictly seeking administrative closure based on prosecutorial discretion. That is not
within the purview of this Court. And respondent has been given more than ample
opportunities to pursue her case. It appears to this Court that respondent and her
mother do not take these proceedings very seriously. For all of these reasons, the
Court denies respondent's request for a continuance.
Respondent has requested voluntary departure with the right to reserve
appeal. Therefore, the only form of voluntary departure respondent is eligible for is
post-hearing voluntary departure. Unfortunately, in order to be eligible for post-hearing
voluntar departure, respondent must prove that she has been physically present in the
United States for at least one-year immediately preceding service of the NT A In the
instant case, respondent was apprehended at entry, given that she entered on August
21, 2005 and her Notice to Appear was issued that same day, August 21, 2005.
Respondent therefore cannot establish the one-year physical presence as required for
post-hearing voluntary departure. Therefore, the Court has no alternative but to enter
an order of removal.
ORDERS
IT IS HEREBY ORDERED that respondent's request for post-hearing
voluntar departure, pursuant to Section 240B(b) of the Act, be denied.
A200-039-291 4 March 15, 2013
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IT IS FURTHER ORDERED that respondent be ordered removed from
the United States to El Salvador, on the charge contained in the Notice to Appear.
A200-039-291
TARA NASE LOW-NAHAS
Immigration Judge
5
March 15, 2013
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CERTIFICATE PAGE
I hereby cerify that the attached proceeding before JUDGE TARA NASELOW
NAHAS, in the matter of:
YERALDI MAGDALENA RIVAS-ROMERO
A200-039-291
LOS ANGELES, CALIFORNIA
was held as herein appears, and that this is the original transcript thereof for the file of
the Executive Office for Immigration Review.
ASHLEY GAITHER (Transcriber)
DEPOSITION SERVICES, lnc.-2
MAY 28, 2013
(Completion Date)
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