U.S.

Department of Justice
Executive Onice for Immigration Review

Board of Immigration Appeals

Office of the Clerk
j/07 /.e,sburg 1'1/ce. Suite innn
Foils Church. l"trg1111u }OSJO

Name: M

DHSIICE Office of Chief Counsel - A TL

180 Spring Street. Suite 332
Atlanta, GA 30303

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194

Date of this notice: 6/1/2015

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

Donn.L cwv,.J
Donna Carr
Chief Clerk

Enclosure
Panel Members:
Holmes, David B.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: M-G-M-M-, AXXX XXX 194 (BIA June 1, 2015)

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Erwin. Anna
Kuck Immigration Partners
365 Northridge Rd. Suite 300
Atlanta. GA 30350

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 20530

Date:

194 - Atlanta. GA

File:

JUN .012015

IN REMOVAL PROCEEDINGS

APPEAL
ON BEHALF OF RESPONDENT: Anna Erwin, Esquire
CHARGE:
Notice: Sec.

Sec.

212(a)(4)(A), l&N Act (8 U.S.C. I 182(a)(4)(A)] Public charge

212(a)(7)(A)(i)(I), I&N Act (8 U.S.C. I 182(a)(7)(A)(i)(I)] Immigrant - no valid immigrant visa or entry document

APPLICATION: Continuance
The respondent, a native and citizen of El Salvador, appeals from the Immigration Judge's
decision dated September 23, 2014, denying her request for a continuance and ordering her
removed. The record will be remanded.
We review for clear error the findings of fact, including the detennination of credibility,
made by the Immigration Judge. 8 C.F.R. 1003. l(d)(3)(i). We review de novo all other issues,
including whether the parties have met the relevant burden of proof, and issues of discretion.
8 C.F.R. I 003.1 (d)(3)(ii).
On September 23, 2014, the respondent provided the Immigration Judge with a brief
regarding her eligibility for Special Immigrant Juvenile ("SIJ") status, as well a "Petition for
Legitimation and Modification of Custody" that had been filed in Georgia state court (Tr. at 3).
The respondent requested a continuance pending the adjudication of this petition, which, she
argued, if granted, would serve as the predicate order for an SIJ status petition. The Department
of Homeland Security ("DHS") opposed the continuance, arguing that, under Georgia state law,
a petition for "deprivation" will not be granted where the child remains in the custody of one
parent (Tr. at 3-4). 1 See former 0.C.G.A. 15-11-2(8) (West 2013) (setting forth the defmition
of a "deprived child"). The Immigration Judge declined to continue proceedings, noting the
DHS's opposition and stating that, in the state of Georgia. "custody by one parent does not
qualify for Special Immigrant Juvenile Status" (I.J. at 2).
I

We note that HB 242, 2013-2014 Leg., Reg. Sess. (Ga. 2013) changed the definition of
"deprived child" (now "dependent child") effective January 1, 2014. See O.C.G.A. 15-11-2(22)
(West 2014).

Cite as: M-G-M-M-, AXXX XXX 194 (BIA June 1, 2015)

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-M

In re:

194

Accordingly, we will remand the record for Immigration Judge to consider this argument,
and determine whether good cause exists for a continuance. See 8 C.F.R. I 003.29, 1240.6:
Matter of Hashmi, 24 l&N Dec. 785 (BIA 2009) (discussing the factors to be considered in
detennining whether good cause exists to continue proceedings to await adjudication of a
family-based visa petition). We note that, absent evidence of an alien's ineligibility for SJJ
status, an Immigration Judge should, as a general practice, continue or administratively close
proceedings to await adjudication of a pending state proceeding that could serve as a predicate
order for SIJ status.2 On remand, the respondent will provide the court with updated information
regarding the status of her state court petition.
Accordingly, the record will be remanded as set forth below.
ORDER: The record is remanded to the Immigration Judge for further proceedings and the
entry of a new decision.

\~------FOR THE BOARD

We separately note that guidance provided to Immigration Judges by the Chief Immigration
Judge states that if an unaccompanied child is seeking SU status, ..the case must be
administratively closed or reset for that process to occur in state or juvenile court.''
Memorandum from Brian M. O'Leary, Chief Immigration Judge, to Immigration Judges
(Mar. 24, 2015) (Docketing Practices Relating to Unaccompanied Children Cases and Adults
with Children Released on Alternatives to Detention Cases in Light of the New Priorities).

2
Cite as: M-G-M-M-, AXXX XXX 194 (BIA June 1, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

"Although there is no fonnal requirement for the Immigration Judge to list each factual
finding, an oral decision must accurately summarize the relevant facts, reflect the Immigration
Judge's analysis of the applicable statutes, regulations, and legal precedents, and clearly set forth
the Immigration Judge's legal conclusions." Matier ofA-P-, 22 I&N Dec. 468 (BIA 1999). The
Immigration Judge's decision, as presently constituted, does not provide us with a meaningful
basis for appellate review. See generally Matter o/S-H-, 23 l&N Dec. 462, 463-65 (BIA 2002)
(stating that Immigration Judges should include in their decisions clear and complete findings of
fact that are supported by the record and are in compliance with controlling law). The
respondent stated on the record and argued in her brief that she was not seeking an order of
dependency (or "deprivation," under the former state code) from the state court, but instead an
order granting her father sole custody, which would then serve as a predicate order for SU status.
See section 101(a)(27)(J) of the Immigration and Nationality Act, 8 U.S.C. 110l(a)(27)(J)
(requiring that an alien seeking SU status be "declared dependent on a juvenile court" or "placed
under the custody of ... an individual"). The Immigration Judge's decision did not address this
argument.

194

File:

September 23, 2014

In the Matter of

)
)
)
)

M
RESPONDENT
CHARGES:

Section 212(a)(6){A)(i).

APPLICATIONS:

Continuance.

IN REMOVAL PROCEEDINGS

ON BEHALF OF RESPONDENT: ANNA IRWIN

ON BEHALF OF OHS: KELLEY N. SYDNOR

ORAL DECISION OF THE IMMIGRATION JUDGE

The respondent is a female native and citizen of El Salvador who was placed in
removal proceedings with the filing of a Notice to Appear with the Court charging
re movability pursuant to the provisions of 212(a)(6)(A)(i) of the INA (Exhibit 1). The
respondent filed written pleadings acknowledging proper service of the Notice to
Appear, admitting the factual allegations (Exhibit 2). Along with the 1-213 (Exhibit 2), the
Court would find that removability has been established by clear and convincing
evidence
The respondent was released from the custody of the ICE, Department of

Immigrant & Refugee Appellate Center, LLC | www.irac.net

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
ATLANTA, GEORGIA

Homeland Security, into the custody of her father, Juan Pablo Martinez Quear. That

The respondent, through counsel, requests a continuance to apply for Special

Immigrant Juvenile Status. The Government opposes that continuance, pointing out
that in the state of Georgia, the custody by one parent does not qualify for Special
Immigrant Juvenile Status. The Court declines to continue the case for a matter that
does not appear to be approvable, pursuant to the Court's understanding and the
position of the Government.
No other relief was requested.
ORDER
IT IS HEREBY ORDERED that the respondent is ordered removed from the
United States to El Salvador on the charge contained in the Notice to Appear.

Pteaaseefhe next.12age for electronic

signature
J. DAN PELLETIER
Immigration Judge

-194

September 23, 2014

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individual is present in Court today.

/Isl/

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Inunigration Judge J. DAN PELLETIER

pelletij on April 1, 2015 at 7:03 PM GMT

194

September 23, 2014