U.S.

Department of Justice
I

Executive Office for Immigration Review

Board ofImmigratidn Appeals

Of
f ice of the Clerk

5/07 Leesburg Pike, Sutte 2000

Falls Church, Virginia 22041

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

MATOS AQUILES, RODOLFO OHS/ICE Office of Chief Counsel - ORL
A074-023-013 3535 Lawton Road, Suite 100
c/o Baker County Detention Center Orlando, FL 32803
1 Sheriffs Office Drive
MCCLENNY, FL 32062

Name: MATOS AQUILES, RODOLFO A 074-023-013

Date of this notice: 10/20/2017

Enclosed is a copy of the Board's decision in the above-referenced case. If the attached
decision orders that you be removed from the United States or affinns an Immigration Judge's
decision ordering that you be removed, any petition for review of the attached decision must
be filed with and received by the appropriate court of appeals within 30 days of the date of
this decision.

Sincerely,

Donna Carr
Chief Clerk

Enclosure

Panel Members:
Kelly, Edward F.
Grant, Edward R.
Mann, Ana

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index

Cite as: Rodolfo Matos Aquiles, A074 023 013 (BIA Oct. 20, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A074 023 013 -Orlando, FL Date:

OCT 2 0 2017
In re: Rodolfo MATOS AQUILES

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IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Pro se

ON BEHALF OF OHS: Cyndi Poon

Assistant Chief Counsel

APPLICATION: Remand

The respondent, a native and citizen of Cuba and a lawful permanent resident of the United
States, has filed an appeal from a decision of the Immigration Judge, dated May 24, 2017, finding
him inadmissible as charged under section 212(a)(2)(A)(i)(I) of the Immigration and Nationality
Act, 8 U.S.C. l 182(a)(2)(A)(i)(I) (2017), finding that he had abandoned all potential claims for
relief, and ordering him removed to Cuba. The Department of Homeland Security ("OHS") has
filed a motion for summary affinnance. The record will be remanded.

We review the findings of fact made by the Immigration Judge under the "clearly erroneous"
standard. 8 C.F.R. 1003.l(d)(3)(i) (2017). We review questions of law, discretion, and
judgment, and all other issues in appeals de novo. 8 C.F.R. 1003.l(d)(3)(ii).

The OHS argues that the respondent's appeal is "barred by an affirmative waiver of appeal that
is clear on the record." Upon review of the record, we do not consider the respondent's statement
that he agreed to waive appeal in this case to be an effective waiver, due to the equivocal nature of
the colloquy between the Immigration Judge and the respondent (Tr. at 17-19). See Matter of
Patino, 23 I&N Dec. 74 (BIA 2001) (due to the profound ramifications of a waiver of appeal, such
an appeal must be knowingly and intelligently made).

Furthermore, given the particular circumstances in this case, we conclude that remanded
removal proceedings are warranted in order to provide the respondent with a renewed opportunity
to file an application for relief. The respondent, who has been pro se throughout these proceedings,
complained that nobody answered his phone calls when he sought legal help, and that his wife
would not help him (Tr. at 15). We note that the respondent has not, to date, been diligent in filing
an application for relief. However, the respondent is pro se, and he has made repeated statements
that he wishes to remain in the United States, where, according to the Notice to Appear (Exh. 1),
he has been a lawful permanent resident for 22 years. Under the totality of circumstances, we
conclude that remand is warranted to provide the respondent one last opportunity to apply for relief.
Accordingly, the following order is entered.

Cite as: Rodolfo Matos Aquiles, A074 023 013 (BIA Oct. 20, 2017)

A074 023 013

ORDER: The respondent's appeal is sustained and the record is remanded to the Immigration
Court for further proceedings and the entry of a new decision.

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

Cite as: Rodolfo Matos Aquiles, A074 023 013 (BIA Oct. 20, 2017)
 UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
ORLANDO, FLORIDA

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

File: A0 74-023-013 May24, 2017

In the Matter of

)
RODOLFO MATOS AQUILES ) IN REMOVAL PROCEEDINGS
)
RESPONDENT )

CHARGES:

APPLICATIONS:

ON BEHALF OF RESPONDENT: PRO SE

ON BEHALF OF OHS: CINDY POON

ORAL DECISION OF THE IMMIGRATION JUDGE

The respondent is a 53-year-old male, native and citizen of Cuba. He's

admitted to the factual allegations set forth and contained in the Notice to Appear.

Based upon his admissions and the Government's submissions received on the Court's

own motion to respond to Exhibit2, removal has been established as charged. Any and

all applications that the respondent is eligible for are hereby deemed abandoned and

dismissed for lack of prosecution.

ORDER

It is the order and judgment of the Court that the respondent is hereby
 !

removed and deported from the United States to Cuba on the charges set forth in

contained hearing.

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PHILIP J. MONTANTE, JR.
Immigration Judge

A074-023-013 2 May 24, 2017

 /

(
\

CERTIFICATE PAGE

I hereby certify that the attached proceeding before JUDGE PHILIP J.

MONTANTE, JR., in the matter of:

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

RODOLFO MATOS AQUILES

A074-023-013

ORLANDO, FLORIDA

was held as herein appears, and that this is the original transcript thereof for the file of

the Executive Office for Immigration Review.

JESSICA N KENTZELL (Transcriber)

DEPOSITION SERVICES, lnc.-2

JULY 28, 2017

(Completion Date)