U.S.

Department of Justice
,

Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

5107 Leesburg Pike, Suite :!000 Ft1lls C/111rch. l'irginill 22041

SANCHEZ TURCIOS, ADOLMAN E A094-415-405 P 0 BOX 8390 FREDERICKSBURG, VA 22404

. .

OHS/ICE Office of Chief Counsel - WAS 901 North Stuart St., Suite 1307 Arlington, VA 22203

Immigrant & Refugee Appellate Center | www.irac.net

Name: SANCHEZ TURCIOS, ADOLMAN E

A094-415-405

Date of this notice: 3/8/2012

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

Donna Carr Chief Clerk

Enclosure

Panel Members: Pauley, Roger

Cite as: Adolman E. Sanchez Turcios, A094 415 405 (BIA Mar. 8, 2012)

U.S. Department of Justice

Executive Office for Immigration Review Falls Church, Virginia 22041

Decision of the Board of Immigration Appeals

File: In re:

A094 4 15 405 - Arlington, VA ADOLMAN E. SANCHEZ TURCIOS

Date:

MAR -8 2012

IN REMOVAL PROCEEDINGS

Immigrant & Refugee Appellate Center | www.irac.net

CERTIFICATION AND MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Pro se

Mollie E. Henle Assistant Chief Counsel

The respondent, a native and citizen of El Salvador, appeals the decision of the Immigration Judge, dated January 3, 20 12, ordering his removal from the United States as stipulated by the respondent on December 27, 20 1 1. See section 240(d) of the Immigration and Nationality Act, 8 U.S.C. 1229a(d). To settle any issues regarding jurisdiction, we will exercise our discretionary authority to accept this appeal on certification. See 8 C.F.R. 1003 .1 (c). On January 18, 20 12, the Department of Homeland Security ("DHS") filed a motion with the Immigration Judge wherein it requested that the respondent's case be scheduled for a hearing as the respondent wished to withdraw his consent to a stipulated order of removal. However, it does not appear that the Immigration Judge issued a decision adjudicating the motion.' Under the circumstances, we deem the DHS's motion to be a motion to remand. See 8 C.F.R. 1003.2(c)(4). Considering the totality of the circumstances presented in this matter, we deem it appropriate to grant the DHS's motion and remand the record for proceedings before the Immigration Judge. Accordingly, the following order is entered. ORDER: The Department of Homeland Security's motion is granted, the Immigration Judge's stipulated order of removal is vacated, and the record is remanded to the Immigration Court for further proceedings consistent with the foregoing opinion and the entry of a new decision.

While the record contains an order adjudicating the motion, it does not appear that the Immigration

Judge issued the decision by serving it on the parties.

Cite as: Adolman E. Sanchez Turcios, A094 415 405 (BIA Mar. 8, 2012)

UNITED STATES DEPARTMENT OF JUSTICE EXEClJ'l'IVE OFFICE FOR IMMIGRATION REVIEW IMMI:GRATION COURT ARLI:NG'l'ON, VJ:RGI:NI:A

In the Matter of: Adolman E Sanchez Turcios

A File: A094 415 405

Immigrant & Refugee Appellate Center | www.irac.net

Respondent

IN REMOVAL PROCEEDINGS

ORDER OF

THE

D!MIGRA'l'I:ON JUDGE

The Department of Homeland Security has submitted a Motion for Stipulated Removal Order and Waiver of Hearing pursuant to 8 C.F.R. 1003.25(b). Upon consideration of the evidence submitted with the Motion, and based on the respondent's admission of the factual allegations and the concession to the charge(s), the Cou pendent removable

from

the

United Removal

States Order

ed.

Accordingly, Hearing is

he

Motion

for

Stipulated

here y

granted and

the following order shall

ORDER: It is hereby ordered that the.respondent be red united States to EL SALVADOR based o the charge{s) for

'

chargiing.-Clt:ml1etrt-:--;7"-----\-:::-..,

Date:

,--

' Immigration Judge

Appeal:

Waived by both parties.

CERTIFICA'l'E OF SERVJ:CE THIS DOCUMENT WAS SERVED BY: TO: [ DATE:

ALIEN

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MAIL

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PERSONAL

SERVICE ALIEN'S ATTY/REP

ALIEN C/O

Custodial Officer BY: COURT STAFF

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OHS