Rios, J.

Jesus
J. Jesus Rios, P.C.
8600 Howard Drive, Ste.200
Houston, TX 77017
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
Office of the Clerk
5/lJ? Leesburg Pike, Suile 20()0
Falls Church, Virginia 22041
DHS/ICE Office of Chief Counsel - POK
3400 FM 350 South
Livingston, TX 77351
Name: MIGUELES ALFARO, ADONAY A 205-291-592
Date ofthis notice: 12/13/2012
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Guendelsberger, John
Sincerely,
OOn.ttLCa.JVU
Donna Carr
Chief Clerk
Lulseges
Userteam: Docket
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Cite as: Adonay Migueles Alfaro, A205 291 592 (BIA Dec. 13, 2012)
MIGUELES ALFARO, ADONAY
A205-291-592
U.S. Department of Justice
Executive Oftice for Immigration Review
Board of Immigration Appeals
Office of the Clerk
5107 Leesburg Pike, Suile 2000
Falls Church. Virgmia 22041
DHS/ICE Office of Chief Counsel - POK
3400 FM 350 South
POLK COUNTY DETENTION CENTER
3400 FM 350 SOUTH
Livingston, TX 77351
LIVINGSTON, TX 77351
Name: MIGUELES ALFARO, ADONAY A 205-291-592
Date ofthis notice: 12113/2012
Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been served with this
decision pursuant to 8 C.F.R. 1292.5(a). If the attached decision orders that you be
removed from the United States or affirms an Immigration Judge's decision ordering that you
be removed, any petition for review of the attached decision must be filed with and received
by the appropriate court of appeals within 30 days of the date of the decision.
Enclosure
Panel Members:
Guendelsberger, John
Sincerely,
Dcn.ttLCtV&AJ
Donna Carr
Chief Clerk
Lulseges
Userteam: Docket
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Cite as: Adonay Migueles Alfaro, A205 291 592 (BIA Dec. 13, 2012)
U.S. Department of Justice
Executive Office for Immigllltion Review
Decision of the Board ofimmigllltion Appeals
Falls ChutCb, Vu:ginia 22041
File: A205 291 592 - Livingston, TX Date:
In re: ADONAY MIGUELES ALFARO a.k.a. Adonay Alfaro Migueles
a.k.a. Adonay Alfaro
IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: J. Jesus Rios, Esquire
ON BEHALF OF DHS: Richard W. Bennett
Assistant Chief Counsel
APPUCATION: Voluntary departure
DEC 18 ZOtZ
The respondent, a native and citizen of El Salvador, bas appealed from the Immigration
Judge's decision dated August 20, 2012. The respondent does not contest removability on
appeal, but requests a remand for purposes of requesting voluntary departure. The Department of
Homeland Security ("DHS") bas filed a motion for summary affirmance. The appeal will be
sustained and the record will be remanded.
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).
Pursuant to 8 C.F.R 1240.ll(a)(2), an Immigration Judge must advise a respondent of the
forms of relief for which he or she is apparently eligible, including voluntary departure.
See Matter of Cordova, 22 I&N Dec. 966, 970 n. 4 (BIA 1990); 8 C.F.R. 1240.11(b). The
record reflects that, in this case, the Immigration Judge did not inform the respondent that he
might be eligible for voluntary departure under section 240B(a)(l) of the Immigration and
Nationality Act, 8 U.S.C. 1229c(a)(l} prior to the completion of removal proceedings.
Furthermore, once the respondent indicated that he wished to preserve his right to appeal, the
Immigration Judge did not inform him that he might be eligible for voluntary departure under
section 240B(b)(l) of the Act. The Immigration Judge made no statement for the record that the
respondent is .ineligible for voluntary departure, and thus this is not a case where the Immigration
Judge explicitly or implicitly pretermitted an application for voluntary departure. In view of the
foregoing, we agree with the respondent that this case should be remanded for further
proceedings and a decision with respect to the respondent's application for voluntary departure
under the provisions of section 240B of the Act. The following order is entered.
ORDER: The record is remanded for further proceedings and the entry of a new order.
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Cite as: Adonay Migueles Alfaro, A205 291 592 (BIA Dec. 13, 2012)
In the Matter of:

. ,
.
U.S. DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
3400 FM 350 SOUTH
LIVINGSTON, TEXAS 77351
case No.: A205-291-592
MIG'O"ELES ALFARO, ADONAY
Docket: LIVINGSTON,TX
RESPONDENT
IN REMOVAL PROCEEDINGS
ORDER OF THE IMMIGRATION JUDGE
Upon the basis of respondent's admissions, I have determined that. the
respondent is subject to removal on the charge(s) in the Notice to Appear.
Respondent has made no application for relief from removal.
It is HEREBY ORDERED that the respondent be removed from the United States
to __ on the charge(s) contained in the Notice to Appear.
'
Any alien against whom a final order of removal is outstanding by reason of
being a member of any of the classes described in INA section who
willfully fails or refuses to present himself or herself for removal at the
time and place required by the Attorney General shari' be fined and/or
imprisoned for up to ten years. Further, pny alien who willfully fails or
refuses to depart from the United States pursuant to a final removal order
or present for removal at the time and place required by the Attorney
General shall pay a civil penalty of not more than $500 to the Commissioner
for each day the alien is in violation of this
Administrative Control Court: Immigration Court, 5520 Greens Rd., Houston, TX 77032
Hearing conducte y: Telephone Conference/Video Conference

E BY: 2/tlpM '1-
UMENT WAS
TO: ALIEN [M]
DATE: /20/2012
Attachments: [ ]
Form EOIR 7 - 4T
Immigration Judge
Date: August 20, 2012
SERVED BY: MAIL(M)\ PERSONAL SERVICE (P) FAX (F)
OF SERVICE
ALIEN c/o [ ] Alien's ATT/REP [M+F] DHS
BY: COURT
EOIR-33 [ ] EOIR-28 [ ] Legal Services List [ ] Other
(REMOVAL Order)
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