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U.S.

Department of Justice
Executive Office for Immigration Review

Board of Immigration Appeals


Office of the Clerk
5107 leesburg Pike, Suite 2000
Falls Church, Virginia 20530

OHS/ICE Office of Chief Counsel - SOC

STEWART DETENTION CENTER


P.O. BOX248
146 CCA ROAD

146 CCA Road


Lumpkin, GA 31815

LUMPKIN, GA 31815

Name: MALCOLM, ADRIAN DEMONE

A 026-552-740

Date of this notice: 10/28/2014

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

DOYutL cQ/v\J
Donna Carr
Chief Clerk

Enclosure

Panel Members:
Holmes, David 8.

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Adrian Demone Malcolm, A026 552 740 (BIA Oct. 28, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

MALCOLM, ADRIAN DEMONE

.
.,

U.S: Department of Justice


Decision of the Board of Immigration Appeals

Executive Office for Immigration Review


Falls Church, Virginia 20530

File: A026 552 740 - Lumpkin, GA

OCT 182014

ADRIAN DEMONE MALCOLM

IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT:

Pro se

ORDER:
On December 12, 2013, the respondent filed an appeal from

an

Immigration Judge's

December 2, 2013, decision that ordered the respondent removed from the United States.

For

reasons that are unclear, there was no transcript or preserved digital audio recording of either the
hearing or the Immigration Judge's oral decision. Accordingly, the record was returned to the
Immigration Court to complete the record or for a new hearing, if necessary. In the interim, the
respondent was removed from the United States and was not available for further proceedings.
On March 4, 2014, the Immigration Judge ordered these proceedings administratively closed
because of the respondent's present unavailability and returned the record to the Board pursuant
to the

Board's prior

order.

Given

these

circumstances,

the

proceeding

shall

remain

administratively closed pursuant to the March 4, 2014, order of the Immigration Judge.
Jurisdiction over any further motion or filing in this case is returned to the Immigration Judge.

W-
FOR THE BOARD

Cite as: Adrian Demone Malcolm, A026 552 740 (BIA Oct. 28, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

In re:

Date:

IMMIGRATION COURT
146 CCA ROAD
LUMPKIN, GA
31815
In the Matter of:
MALCOLM, ADRIAN DEMONE

Case No.:

A026-552-740

In DEPORTATION Proceedings
Respondent/Applicant

This matter is hereby certified to the Board of Immigration Appeals for the
following reason:
This case was remanded to the Immigration Court due to a problem with
the hearing tapes, transcript, or oral decision.
The problem has been resolved in the manner stated below.
The case is hereby returned to the Board for adjudication of the
previously filed appeal(s).
This case was remanded to the Immigration Court for consideration of
new relief with instructions to certify or return the record to the
Board if relief is denied.
Relief was denied for the reasons stated in the decision of the
Immigration Judge dated -/-/-
The case is hereby returned to the Board for adjudication of the
previously filed appeal(s).
The Board, not the Immigration Court, has jurisdiction over the motion
to reopen/reconsider filed on -/-/- by the

)
)

Tapes Enclosed
Written Decision of the Immigration Judge enclosed.

CERTIFICATE OF SERVICE
MAIL (M)
PERSONAL SERVICE (P)
THIS DOCUMENT WAS SERVED BY:
TO: [ ] IE]\
] ALIEN c/o Custodial Officer
l\IiN' s
/REP
DATE:
c.:'.:)-'-\BY:
COURT STAFF
Legal Services List
Attachments:
[ ] EOIR-33
[ ] EOIR-28

Cf'\
,\l..),

DHS

[ .l Other

Immigrant & Refugee Appellate Center | www.irac.net

ORDER OF ADMINISTRATIVE RETURN/CERTIFICATION TO THE BOARD

(_

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..

. .. .

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UNITED STA'l'ES DEPARTMENT OF JUSTICE


EXEC UTIVE OFFICE

FOR

IMMIGRATION REVIEW

IMMIGRATION COURT

146 CCA

ROAD

LUMPI
N , .GA.
.

-:..,,_.!

3 1815

IN THE MATTER OF
MALCOLM,

ADRIAN

FILE A 026-552-740

DATE:

Mar 3,

2014

DEMONE

_UNABLE TO FORWARD - NO.ADDRESS PROVIDED


ATTACHED

:ts

.rs

A COPY OF THE DECISION OF THE I:MM iGRATION JUDGE.

'l'HIS DECISION

FINAL UNLESS AN APPEAL IS FILED WITH THE BOARD OF I:MMIGRAT!ON APPEALS

J\

WITHIN 30 C:::AL ENDM D YS OF THE DTE OF THE

MAILING

OF THIS WRITTEN DECISION.

SEE THE ENCLOSED FORMS AND INSTRUCTIONS FOR PROPERLY PREPARING YOUR APPEAL.
YOUR NOTICE OF APPEAL,
MUST BE MAILED TO:

ATTACHED DO C

UMENTS,

AND F E E OR FEE WAIVER REQUEST

BOARD OF I:MMIGRATION APPEALS

OFFICE OF THE CLERK

5107 Leesburg Pike, Suite 2000


FALLS CHURCH, VA
20530
._ATTACHED IS A COPY OF THE DECISION OF THE I:MMIGRATION JUDGE AS THE RESULT
OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING.

THIS DECISION

IS FINAL

uNLESS A

MOi];'ION TO REOPEN IS FILED IN ACCORDANCE

WITH SECTION 2 4 2 B ( c) (3)" OF THE IMMIGRATION AND NATIONALITY ACT,

SEC,TION 1252:8

(c) (3)

TO

REOPEN,

8 U.S.C.

IN DEPORTATION PROCEEDINGS OR SECTION 240 (c)(6) I

8 u.s.c. SEC'l'ION l229a (c) (6)

IN REMOVAL PROCEEDINGS.

IF YOU FILE A MOTION

YOUR MOTION MUST BE FILED WITH THIS COURT:


I:MMIGRATION COURT

146 CCA ROAD


L

CT

IN,

GA

31815
'
.

COURT.CLERK
I:MMIGRATION COURT
CC:

I
)'"'

Immigrant & Refugee Appellate Center | www.irac.net

Brockington, Tanya
165 Dekalb Industrial Way, Suite A
Decatur, GA
30030

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of

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..

IMMIGRATION COURT
146 CCA ROAD
LUMPKIN, GA
31815

! the Matter

..

..

' .

Case No. : A026-552-740-

MALCOLM, ADRIAN-DEMONE
Respondent-

IN REMOVA,L PROCEEDINGS
; . :,.'

This is a summary of the oral decision entred on


- . -If the
This memorandum is solely for the coxwenience of t_h....,.... _p,,_t_i_e_s
-proceedings sho:uld
_
be appealed or reopened, the or 1 decision will become'
the official opinion in the case .
The res ondent was ordered removed from the United, States to
[
]
or.in the alternative to .
.
Responden t 1.s app i ication for voluntary departure was denied
d
'
respondent was ordered removed to or in the
,I''
alternative to .
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 applicatio for:
[
]
Asylum was (
) granted
)denied(
)withdrawn .
..
,
[
]
Withholding of removal was . (
)granted (
) denied
)withdrawn.
.
[
J
A Waiver under Section
)granted (
)denied
)withdrawn.
. was (
< ;
c J
cancellation of removal.under section 240A(a) was (
)granted
)denied ; , . .
(
)withdrawn .
Respondent's application for:
Cancellation under section 24 0A ( b ) (1) was (
) granted
(
) denied
(
"i withdrawn .
If .granted, 'it is ordered that the respondent be issued
all appropriate documents necessary to give effect to this order.
Canc'ellation 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 .
I 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
(
) deferrai of
removal under Article III of the Convention Against To.rture was
( ) .granted
(
) denied
(
)
withdrawn.
[
Respondent's status was rescinded under section 246.
Respondent is admitted.to the United states as a
until
I
As a condition of admission, respondent is to post a $ ---- bond .
[
Respondent knowingly-filed a frivolous asylum application after prop er
[
noti_c:.
.
. Respondent
[

aft

Immigrant & Refugee Appellate Center | www.irac.net

ORDER OF THE

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Date:

eb

.. ,,

.; ...

. .t.

Appea i.. :.wa'ived/Reseryed


'

. .

Appeal

r
I:MMIGRATION COURT
.. 146 CCA ROAD
LUMPKIN, G . 31815
In the Matter of
Case No.: . A026-552-740
MALCOLM, ADRIAN DEMONE
Respondent

IN REMOV PROCEEDINGS

t.J .

This is a summary of the oral decision entered on


If the
This memorandum is solely fO.r the
reopened, the ora
become
proceedings should be appealed
icial opinion in the c
the
The respondent was ord
or in the alternative
was denied and
Respondent's app lication
respondent was ordered r
or in
alternative to .
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:
]
Asylum was (
) granted
)denied( .)withdrawn.
[
)denied
)withdrawn.
[
]
Withholding of removal. was ( )granted (
[
]
A Waiver under Se.ction
was ( . )granted (
)denied
( )withdrawn.
J
Cancellation of removal under section 240A(a) was (
)grante
_ d
( )denied.
[
(
)withdrawn.
Respondent's application for:
.[
]
Cancellation under section 240A(b)(1) was ( ) granted
) denied
) 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 documts necessary to g i ve effect to this o rder.
Adjustment of Status under Section
wa s
(
)granted (
)denied
( )withdrawn..
If granted it is ordered that the respondent be issued
all app ropriated documents necessary to give effect to this order.
Respondent Is 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
____
_

___

_ __

:dent

was advised of the limitation on discretionary relief for


ci 'on.
dge's oral
failure to appear as ordered in the Immigration
were t rmin
ed . I
Procee
Other:
A-.J I:. "9Date:
Oct 2 1, 2013

Appeal Due

Immigrant & Refugee Appellate Center | www.irac.net

ORDER OF THE IMMIGRATION JUDGE

w(

-Li
av,.

U.S. Department of Justice


Executive Office for Immigration Review

Board ofImmigration Appeals


Qffice of the Clerk
5107 Leesburg Pike, Suite 2000
Falls Church, Virginia 20530

OHS/ICE Office of Chief Counsel - SOC


146 CCA Road
Lumpkin, GA 31815

Name: MALCOLM, ADRIAN DEMONE

A 026-552-740

Date of this notice: 2/3/2014

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

DOJ'UtL Ca.nA.J
Donna Carr
Chief Clerk

Enclosure
Panel Members:
Holmes, David 8.

yungc
Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Adrian Demone Malcolm, A026 552 740 (BIA Feb. 3, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

MALCOLM, ADRIAN DEMONE


A026-552-740
STEWART DETENTION CENTER
P O BOX 248, 146 CCA ROAD
LUMPKIN, GA 31815

Decision of the Board of Immigration Appeals

U.S. Department of Justice


Executive Office for Immigration Review
Falls Church,

File:
In re:

Virginia 20530
Date:

A026 552 740-Lumpkin, GA

FEB

3 2014

ADRIAN DEMONE MALCOLM

IN REMOVAL PROCEEDINGS

ON BEHALF OF RESPONDENT:

Pro se

The respondent has appealed the Immigration Judge's decision rendered on December 2,
2013.

A review of the record of proceeding reveals that the Digital Audio Recording (DAR)

containing the testimony of the December 2, 2013, hearing and the Immigration Judge's oral
decision are missing. As we consider the transcript and Immigration Judge's decision necessary
for our review of this matter, we will return the record to the Immigration Court for further
action. Upon receipt of the record, the Immigration Court shall take such steps as are necessary
and appropriate to enable preparation of a complete transcript of the proceedings including a new
hearing, if necessary.
ORDER: The record is returned to the Immigration Court for further action
and certification to the Board by the Immigration Judge thereafter.

FOR THE BOARD

Cite as: Adrian Demone Malcolm, A026 552 740 (BIA Feb. 3, 2014)

as

appropriate

Immigrant & Refugee Appellate Center | www.irac.net

APPEAL