Rebecca B.

Rojas, Esquire
Kuck Immigration Parners LLC
8010 Roswell Road
Suite 300
Atlanta, GA 30350
U.S. Department of Justice
Executive Offce fr Imigation Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leeburg Pike, Suite 2000
Fall Church, Vrginia 20530
OHS/ICE Ofice of Chief Counsel - ATL
180 Spring Street, Suite 332
Atlanta, GA 30303
Name: MARTINEZ MONTOYA, JUAN M ... A 201-234-395
Date of this notice: 6/16/2014
Enclosed is a copy of the Boad's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Guendelsberger, John
Sincerely,
Dc c t
Donna Carr
Chief Clerk
lucasd
Useream: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Juan Manuel Martinez-Montoya, A201 234 395 (BIA June 16, 2014)
U.S. Department.of Justice
Executi:e Ofce fr Imigration Review
Decision of the Board of Imgration Appeals
Falls Church, Virginia 20530
File: A201 234 395 -Atlanta, GA
In re: JA MAEL MATINEZ-MONTOYA
IN REMOVAL PROCEEDIGS
APPEAL
Date:
ON BEHALF OF RESPONDENT: Rebecca B. Rojas, Esquire
ON BEHALF OF DHS:
APPLICATION: Continuace
Abby L. Meyer
Assistat Chief Counsel
JUN 182014
This case was last befre this Boad on Jauary 9, 2014, when we issued a remad to have
the record of proceedings located ad fiaded to us. The record has been located and the case
is now back at the Boad, ready fr ou appellate review of a decision issued by a Imigation
Judge on September 11, 2013. That decision ordered the removal of the respondent, a native ad
citizen of Mexico, on the charge listed on the Notice to Appea. The proceedings will be
adinistatively closed.
It appeas that the respondent, who has a immediately available spousal petition, may be
eligible fr a provisional waiver pusuat to 8 C.F.R. 212.7(e), as well as fr Defered Action
fr Childhood Arivals (DACA). As such, we fnd that administative closure of these
proceedings is appropriate at tis time.
If eiter pary to this case wishes to reinstate te proceedings, a written request to reinstate
the prceedings may be made to te Boad. The Boad will tae no frer action in the case
unless a request is received fom one of te paies. The request must be submitted drectly to
te Clerk's Offce, witout fe, but with certifcation of service on te opposing pay.
Accordingly, the fllowing order will be entered.
ORER: The proceedings befre the Board of Imigration Appeals in tis case ae
adinistratively closed.
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Cite as: Juan Manuel Martinez-Montoya, A201 234 395 (BIA June 16, 2014)
(
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
ATLANTA, GEORGIA
File: A201-234-395 September 11, 2013
In the Matter of
JUAN MANUEL MARTINEZ-MONTOYA
)
)
)
)
IN REMOVAL PROCEEDINGS
RESPONDENT
CHARGES: Section 212(a)(6)(A)(i).
APPLICATIONS: Continuance.
ON BEHALF OF RESPONDENT: REBECCA ROJAS, Esquire
ON BEHALF OF OHS: ABBY MEYER, Esquire
ORL DECISION OF THE IMMIGRATION JUDGE
The respondent is an adult male, native and citizen of Mexico, who was placed in
removal proceedings with the filing of a Notice to Appear with the Cour charging
removability pursuant to the provisions of 212(a)(6)(A)(i) of the INA. The Notice to
Appear is dated May 18, 2011. This is the third sitting of this Court. The respondent
filed writen pleadings, acknowledging proper service of the Notice to Appear, admitting
the factual allegations, and conceding removability. (Exhibit 2). Today, the respondent
appears and the sole request fr relief being a continuance.
There are to grounds on which the respondent seeks a continuance. First, he
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requests a continuance fr adjudication of an 1-821 (Deferred Action fr Childhood
Arrivals (DACA)). An application for DACA is separate and apart from the respondent's
removal proceedings and a final order of removal does not in any way interfere with a
pending DACA application. The respondent can continue to seek deferred action.
Furthermore, should it become necessary, a request fr a stay of removal pending
consideration of an application that is befre USCIS can be addressed to the
Department of Homeland Security. See 8 C.F.R. 241.6(a) and 1241.6(a).
A second reason fr a continuance is to prepare and submit an application to the
Government for prosecutorial discretion. Again, prosecutorial discretion is totally
outside the puriew of this Cour. The case has been pending since the Notice to
Appear, dated May of 2011, was filed with the Cour on April 12, 2012. The only reason
given by counsel fr not filing the application yet is that generally the Deparment
allegedly does not make a decision on prosecutorial discretion until the application for
DACA has been adjudicated. Given the fact that the respondent retains the right to
seek deferred action regardless of what this Court finds in removal proceedings and the
fct that prosecutorial discretion is not something over which the Cour has anything to
do, the request for a continuance to file the application and wait for adjudication by the
Chief Counsel's Ofice is denied.
Removability has been established by clear and convincing evidence. The
I
respondent has requested no relief from removal other than a continuance. Therefore,
he is ordered removed from the United States to Mexico on the charge contained in the
Notice to Appear.
A201-234-395
J. DAN PELLETIER
Immigration Judge
2 September 11, 2013
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CERTIFICATE PAGE
I hereby certify that the attached prceeding before JUDGE J. DAN PELLETIER,
in the matter of:
JUAN MANUEL MARTINEZ-MONTOYA
A201-234-395
ATLANTA, GEORGIA
was held as herein appears, and that this is the orginal transcript thereof for the file of
the Executive Office for Immigration Review.
)
FREE STATE REPORTING, lnc.-2
JANUARY 2, 2014
(Completion Date)
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