Maria Cecilia Peraza de Orellana, A206 841 467 (BIA May 26, 2016)
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Immigrant & Refugee Appellate Center, LLCMaria Cecilia Peraza de Orellana, A206 841 467 (BIA May 26, 2016)
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Immigrant & Refugee Appellate Center, LLCU.S.
Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
Office of the Clerk
5107 Leesburg Pike, Suite 2000
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DHS/ICE Office of Chief Counsel - ATL
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Name: PERAZA DE ORELLANA, MARIA ...
A 206-841-467
Date of this notice: 5/26/2016
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
DOrutL
CtVvu
Donna Carr
Chief Clerk
Enclosure
Panel Members:
O'Leary, Brian M.
Userteam: Docket
For more unpublished BIA decisions, visit
www.irac.net/unpublished/index/
Cite as: Maria Cecilia Peraza de Orellana, A206 841 467 (BIA May 26, 2016)
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Taylor, Christopher
Taylor Lee and Associates
6855 Jimmy Carter Blvd
Suite 2150
Norcross, GA 30071
U.S. Departmen.t of Justice
Executive Office for Immigration Review
Decision of the Board of Immigration Appeals
Falls Church, Virginia 2204 I
File: A206 841 467 - Atlanta, GA
Date:
MAY 2 6 2016
IN REMOVAL PROCEEDINGS
APPEAL AND MOTION
ON BEHALF OF RESPONDENT: Christopher C. Taylor, Esquire
APPLICATION: Continuance; remand
The respondent, a native and citizen of El Salvador, appeals from the December 16, 2015,
decision of the Immigration Judge, denying her request for a further continuance, and ordering
her removed from the United States. On appeal, the respondent has submitted new documentary
evidence, which we construe as a motion to remand. The record will be remanded for further
proceedings.
We review Immigration Judges' findings of fact for clear error, but questions of law,
discretion, and judgment, and all other issues in appeals, de novo. 8 C.F.R. 1003.l(d)(3)(i),
(ii).
On appeal, the respondent has submitted documentary evidence to indicate that her lawful
permanent resident spouse has filed a visa petition (Form I-130) on her behalf with the United
States Citizenship and Immigration Services ("USCIS"). The respondent has also submitted
supporting documentation to establish that her spouse has a scheduled naturalization interview
with the USCIS. Thus, considering the totality of circumstances presented in this case, the
proceedings will be remanded to the Immigration Judge to provide the respondent with an
opportunity to seek voluntary departure for the purpose of pursuing consular processing in her
home country. See, e.g., Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009); Matter of Velarde,
23 l&N Dec. 253 (BIA 2002).
Accordingly, the following order will be entered.
ORDER: The record is remanded to the Immigration Court for further proceedings
consistent with the foregoing opinion and for the entry of a new decision.
Cite as: Maria Cecilia Peraza de Orellana, A206 841 467 (BIA May 26, 2016)
Immigrant & Refugee Appellate Center, LLC | www.irac.net
In re: MARIA CECILIA PERAZA DE ORELLANA a.k.a. Maria Deorellana Peraza a.k.a.
Maria Peraza Deorellana a.k.a. Maria Peraza-Deorellana
File: A206-841-467
December 16, 2015
In the Matter of
)
)
)
)
MARIA CECILIA PERAZA DE ORELLANA
RESPONDENT
CHARGES:
Section 212(a)(6)(A)(i).
APPLICATIONS:
Continuance.
IN REMOVAL PROCEEDINGS
ON BEHALF OF RESPONDENT: ESTHER BARDY
ON BEHALF OF OHS: NJERI B. MALDONADO
ORAL DECISION OF THE IMMIGRATION JUDGE
The respondent is an adult female, native and citizen of El Salvador who was
placed in removal proceedings with the filing of a Notice to Appear with the Court,
charging removability pursuant to the provisions of 212(a)(6)(A)(i) of the INA.
(Exhibit 1).
At a Master Calendar, the respondent admitted the factual allegations and
conceded removability. The respondent is currently a guest of the Department; she is
being detained at a detention center. The Court reset the case for the filing of any and
all relief. Counsel appears on today's date and requests a continuance, stating that the
Immigrant & Refugee Appellate Center, LLC | www.irac.net
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
ATLANTA, GEORGIA
respondent is planning to marry a lawful permanent resident. She is requesting a
continuance to (A) allow the respondent to get married and (B) for a petition to be filed
United States citizens, which would make a visa available.
The Department opposes a continuance, arguing that any relief is speculative
and somewhat attenuated. The Court agrees and denied the continuance.
The respondent was offered the opportunity for voluntary departure under
safeguards and rejected that option, and requested the Court issue an order.
ORDER
IT IS HEREBY ORDERED that the respondent be removed from the United
States to El Salvador on the charge contained in the Notice to Appear.
Please see the next page for electronic
signature
J. DAN PELLETIER
United States Immigration Judge
A206-841-467
December 16, 2015
Immigrant & Refugee Appellate Center, LLC | www.irac.net
by the spouse, and (C) give the petitioner an opportunity to naturalize and become a
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//s//
Immigration Judge J. DAN PELLETIER
A206-841-467
