U.S.

Department of Justice
Executive Office for Immigration Review

Board of Immigration Appeals

Office of the Clerk
5107 Leesburg Pike, S1111e 2000
Falls Church, Virginia 20530

OHS/ICE Office of Chief Counsel - NOL

Cabrera & Cabrera, PLLC

1406 Bienville Blvd
Ocean Springs, MS 39564

1250 Poydras Street, Suite 325

New Orleans, LA 70113

Name: AVALOS-CAMACHO, JAVIER

A 089-229-522

Date of this notice: 4/8/2015

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

S i ncerely

DorvtL C!a.AA)
Donna Carr

Chief Clerk

Enclosure
Panel Members:
Guendelsberger, John

Use rteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index
Cite as: Javier Avalos-Camacho, A089 229 522 (BIA Apr. 8, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

Cabrera, Michael S., Esq

Decision of the Board of Immigration Appeals

U.S. Department of Justice

Executive Office for Immigration Review
Falls Church, Vuginia 20530

File:

A089 229 522 - New Orleans, LA

Date:

APR

8 2015

In re: JAVIER AVALOS-CAMACHO a.k.a. Javier Avalos a.k.a. Javier Avaloscamacho

a.k.a. Javier Camacho

APPEAL
ON BEHALF OF RESPONDENT:

Michael S. Cabrera, Esquire

APPLICATION: Remand

The respondent, a native and citizen of Mexico, has appealed from an Imm igration
,
Judge s July 29, 2013, decision ordering him removed. The record will be remanded.
On appeal, the respondent challenges the Immigration Judge's decision to order him
removed for failing to file an application for relief at least 15 days in advance of his individual
hearing.

While we are mindful of the Immigration Judge's need to process cases in a timely

fashion, as well as the burdens placed on the respondent in this regard, in view of the procedural

history in this case to include the respondent's attendance at three prior hearings, we will remand
the record to allow the respondent the opportunity to file his application(s) for relief from
removal.

The decision of the Immigration Judge will be vacated and the record will be

remanded.
ORDER: The Immigration Judge's decision is vacated.
FURTHER ORDER:

The record is remanded to the Immigration Judge for further

proceedings consistent with the foregoing opinion and for the entry of a new decision.

Cite as: Javier Avalos-Camacho, A089 229 522 (BIA Apr. 8, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

IN REMOVAL PROCEEDINGS

(.

U.S. Department of Justice

Executive Office for Immigration Review
Immigration Court

One Canal Place,

365

Canal Street,

New Orleans, Louisiana

AVALOS-CAMACHO, Javier
Respondent

)
)
)
)
)
)

IN REMOVAL PROCEEDINGS
File:

089-229-522

ON BEHALF OF RESPONDENT:
Michael Cabrera, Esq.

ON BEHALF OF DBS:

7414 Seville Ave

Department of Homeland Security

Huntington Park, CA 90255

U.S. Immigration & Customs Enforcement

Charlotte Marquez

1250 Poydras,

Rm . 325

New Orleans, LA 70113

ORDER OF THE IMMIGRATION JUDGE

Any and all applications for relief must be filed with the Court at least fifteen days in advance of the
individual hearing. The Court takes notice upon review of the Record of Proceedings that no application has
been filed in a timely mallller, thus the Court finds Respondent has abandoned any and all claims for relief
from removal. See Matter of Pearson, 13 I&N Dec. 152 (BIA 1969); Matter of Perez,
(BIA 1987); Matter of R-R-, 20 I&N Dec. 547 (BIA 1992).

19 l&N Dec.

433

As the issue of inadmissibility/removability has been previously resolved, it is hereby Ordered that
Respondent be removed from the United States to Mexico.

ORDER:

Respondent shall be removed from the United States to Mexico on the charge
contained in the Notice to Appear.

Date

:L. S
..

(3
U.S. Immigration Judge

Immigrant & Refugee Appellate Center | www.irac.net

IN THE MATTER OF

Room 2450

70130