1 Jose A. Mendez, Esq.

NON-DETAINED
P.O. BOX 227294
2 Miami, FL 33222-7294
Tel: (864) 626-0979
3
Fax: (864) 752-1688
4 Email: jose.mendez@inmigracionaldia.com
5
6
7 UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
8
OFFICE OF THE IMMIGRATION COURT
9 MEMPHIS, TENNESSEE
10
11 ______________________________________
)
12 In the Matter of: )
)
13 RAMIREZ MENDEZ, Wendy Karina ) File No.: A 208-202-298
)
14 )
)
15 In Removal Proceedings )
)
16 )
)
17 )
18
19
U.S. Immigration Judge: Hearing Date:
20 Hon. Rebecca L. Holt November 10, 2020 at 8:30 A.M.
21
22
23
24
25 MOTION FOR TELEPHONIC APPEARANCE
26
27
28

1
 1 UNITED STATES DEPARTMENT OF JUSTICE
2 EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
OFFICE OF THE IMMIGRATION COURT
3 MEMPHIS, TENNESSEE
4
______________________________________
5 )
In the Matter of: )
6 )
RAMIREZ MENDEZ, Wendy Karina ) File No.: A 208-202-298
7 )
)
8 )
In Removal Proceedings )
9 )
)
10 )
)
11
12 MOTION FOR TELEPHONIC APPEARANCE
13
Comes now respondent, Wendy Karina Ramirez-Mendez, through undersigned counsel,
14
15 Jose A. Mendez, and respectfully move this Honorable Court to waive the physical appearance

16 of undersigned and allow for the telephonic appearance of counsel at respondent’s Master
17
Hearing. This is requested to protect the health and safety of the Department’s attorney, as well
18
as the respondent and the Court, considering the unprecedented and potential risks presented by
19
20 the coronavirus disease 2019 (COVID-19).
21
22
In support of this motion, counsel for respondent states as follows:
23
24 1. This matter is scheduled for November 10th, 2020 for a Master Hearing.

25 2. Subscriber attorney respectfully requests that the hearing be conducted via telephone.
26
3. The basis for this request is to ensure, to the extent possible, the safety of the
27
Department’s attorneys, as well as the respondent and the Court, from the potential
28

2
 1 risks associated with COVID-19. For example, the World Health Organization
2
(WHO) describes COVID-19 as a large family of viruses ranging from the common
3
cold to more severe diseases such as Severe Acute Respiratory Syndrome (SARS).
4
5 See World Health Organization, available at https://www.who.int/health-

6 topics/coronavirus. COVID-19 can and has been fatal. Id. The Centers for Disease
7
Control and Prevention (CDC) indicates this COVID 19, a novel communicable
8
virus, is generally spread from person-to-person through respiratory droplets-close
9
10 contact within 6 feet and respiratory droplets produced when an infected person
11 coughs or sneezes. See Centers for Disease Control and Prevention, available at
12
https://www.cdc.gov/coronavirus/2019-ncov/index.html.
13
14 4. Respondent also notes that the use of telephonic conferences to conduct hearings is

15 permissible under the INA. See INA § 240(b)(2)(A)(iv). In addition, parties to a

16
telephonic hearing are not required to be at the same location. ICPM ch. 4.7(b).
17
5. Counsel for respondent has his physical office address located in Greenville, SC.
18
19 6. It would be extremely taxing for the respondent if the attorney must travel to

20 Memphis, TN, to attend this hearing.

21
7. The respondent’s attorney will be available by phone at (864) 626-0979 at 8:30 a.m.
22
for the scheduled time of the hearing, if this Honorable Court grants this motion.
23
24 8. The respondent resides at 1781 Dearing Rd. Memphis, TN 36117-6933 and will be
25
present in court on November 10th, 2020, unless otherwise ordered by the Honorable
26
Immigration Judge (See EOIR Policy Memorandum 20-13).
27
28

3
 1 9. Department of Homeland Security will not suffer undue prejudice because of this
2
motion being granted and counsel appearing telephonically.
3
4
5 WHEREFORE, counsel for respondent respectfully requests that his physical appearance

6 be waived and that he may appear telephonically for respondent’s Master Hearing.
7
8
9 Dated: October 23, 2020
10
11 Respectfully Submitted,
12
13 __________________________
Jose A. Mendez, Esq.
14
Attorney for Respondent
15
16
17
18
19
20
21
22
23
24
25
26
27
28
CERTIFICATE OF SERVICE
4
 1
______________________________________
2 )
In the Matter of: )
3 )
RAMIREZ MENDEZ, Wendy Karina ) File No.: A 208-202-298
4 )
)
5 )
In Removal Proceedings )
6 )
)
7 )
)
8
9
I, Jose Al. Mendez, hereby certify that I have served a copy of the forgoing Motion for
10
Telephonic Appearance upon:
11
12
Department of Homeland Security
13 Chief Counsel – Office of Chief Counsel
80 Monroe Avenue, Suite 502
14
Memphis, TN, 38103
15
By: X US MAIL
16
17 OVERNIGHT COURIER

18 IN PERSON
19
On: October 23, 2020
20
21
22 /s/
Jose A. Mendez, Esq.
23 Attorney for the Respondent
24 EOIR ID No FF224689
P.O. BOX 227294
25 Miami, FL 33222-7294
Tel: (864) 626-0979
26
Fax: (864) 752-1688
27 Email: jose.mendez@inmigracionaldia.com
28