Transcript
Bret J. Davies, Esquire
Bull & Davies, P .C.
1634 Downing St.
Denver, CO 80218
Name: DELEON-SUHUL, ALBERTO
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5 /07 Leesburg Pike, Suite 2000
Fals Church, Vrginia 20530
OHS/ICE Ofice of Chief Counsel - DEN
12445 East Cal ey Avenue
Cen�ennial , CO 80111-5663
A 206-133-325
Date of this notice: 9/23/2014
Enclosed is a copy of te Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Cole, Patricia A.
Sincerely,
Do Ca
Donna Carr
Chief Clerk
lucasd
Userteam: Docket
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For more unpublished BIA decisions, visit www.irac.net/unpublished
Cite as: Alberto Deleon-Suhul, A206 133 325 (BIA Sept. 23, 2014)
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DELEON-SUHUL, ALBERTO
A206-133-325
OHS ICE/GEO
3130 NORTH OAKLAND STREET
AURORA, CO 80010
Name: DELEON-SUHUL, ALBERTO
U.S. Department of Justice
Executive Offce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 leesburg Pike, Suite 2000
Fals Church. Vrginia 20530
OHS/ICE Ofice of Chief Counsel - DEN
12445 East Caley Avenue
Centennial, CO 80111-5663
A 206-133-325
· .
Date of this notice: 9/23/2014
Enclosed is a copy of the Board's decision in the above-refrenced case. This copy is being
provided to you as a courtesy. Your atorey or representative has been served with this
decision pursuant to 8 C.F.R. § 1292.S(a). If the attached decision orders that you be
removed fom the United States or affrms an Immigration Judge's decision ordering that you
be removed, any petition fr review of the attached decision must be fled wit and received
by the appropriate court of appeals within 30 days of the date of the decision.
Enclosure
Panel Members:
Cole, Patricia A.
Sincerely,
D0 CW
Donna Carr
Chief Clerk
l'uc;:1::;d
Useream: Prg.��lt:
Cite as: Alberto Deleon-Suhul, A206 133 325 (BIA Sept. 23, 2014)
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U.S. Deparent of Justice
Executjve Ofce fr Imigation Review
Decision of the Board of Imigration Appeals
Falls Church, Virginia 20530
File: A206 133 325 - Aurora, CO Date: SEP 9 � 1014
, - 4 I
In re: ALBERTO DELEON-SUHUL
I REMOVAL PROCEEDIGS
APPEAL
ON BEHALF OF RESPONDENT: Bret J. Davies, Esqure
ON BEHALF OF DHS: Kathy French
Assistant Chief Counsel
CHARGE:
Notice: Sec. 212(a)(6)(
A)(i
)
, I&
N Act
[8
U
.
S.C.
§ l
182(a)(6)(A
)(i)] -
Present witout being admited or paoled
APPLICATION: Continuace; voluntay depature
The respondent appeals te Imigration Judge's April 16, 2014, decision fnding him
removable as chaged ad orderng him removed fom the United States. The record will be
remanded to the Immigation Judge fr fer proceedings consistent with this opinion and fr
entry of a new decision.
Initially, we note tat bond proceedings must be kept sepaate ad apa fom, and must frm
no pa of, removal proceedings. See
8
C.F.R.
§
1003.19(d) (2014). Te paies ad te
Immigration Judge ae responsible fr creating a fll and complete record of both proceedings.
In this case, te record indicates there was a bond heang held befre the removal heaing.
Duing te removal proceeding, te Immigration Judge repeatedly refrenced the bond
proceedings in regad to having advised te respondent of his rights, including, inter alia, his
right to obtain legal representation. However, the evidence showing that the Immigration Judge
advise the respondent of his rights is not contained in the record of the removal heaing because
it occured during the bond proceedings.
Because the record of the remova proceedings in this case is incomplete and te bond
proceedings appear to have become confated with the remova proceedings, we fnd it necessary
to remand the record to te Immigation Judge to conduct complete removal proceedings and to
provide a record of tose proceedings. See id. Upon remad, the Imigation Judge should
advise the respondent of al of his rights, provide the respondent the opporunity to obtain legal
counsel if he chooses, notif the respondent of the potentia fr relief fom removal fr which he
may be eligible, mae fndings as to the respondent's removability, and allow the respondent to
apply fr relief fom removal, if necessay.
Cite as: Alberto Deleon-Suhul, A206 133 325 (BIA Sept. 23, 2014)
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A206 133 325
Accordingly, te record will be remaded to the Immigration Judge fr fher proceedings
consistent with this opinion ad fr entry of a new decision.
ORDER: The record is remaded to the Immigration Judge fr furter proceedings
consistent with this opinion an r entry of a new decision.
2
Cite as: Alberto Deleon-Suhul, A206 133 325 (BIA Sept. 23, 2014)
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UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIE
UNITED STATES IMMIGRATION COURT
AURORA, COLORADO
File: A206-133-325
In the Matter of
April 16, 2014
ALBERTO DELEON-SUHUL
)
)
)
)
IN REMOVAL PROCEEDINGS
RESPONDENT
CHARGES: Immigration and Nationality Act, Section 212(a)(6)(A)(i), present in
the United States without being admited or paroled.
APPLICATIONS: Continuance.
ON BEHALF OF RESPONDENT: PRO SE
ON BEHALF OF OHS: CATHY GERAITIS
Assistant Chief Counsel
Denver, Colorado
ORAL DECISION OF THE IMMIGRATION JUDGE
Respondent is 28 years old. He is a native and citizen of Guatemala. He
arrived in the United States through Douglas, Arizona in November of 2005. He has
been arrested in this countr for driving under the influence of alcohol. Afer that arrest,
he was detained by the Deparment of Homeland Security and placed in removal
proceedings by the issuance and serice of a Notice to Appear dated March 24, 2014
(Exhibit 1 ).
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Respondent appeared in his proceedings. He admitted the factual
allegations in the Notice to Appear. The Cour has sustained the removal charge
against the respondent. The Court has questioned the respondent about eligibility for
relief from removal. He has expressed no fear of return to his home country of
Guatemala. He has lived in the United States for nine years. He does have three U.S.
citizen children, but he has no basis to apply for cancellation of removal and there does
not appear to be any relief for him which would allow him to remain permanently. The
Court explained the possibility of voluntary departure for the respondent. He declined to
apply fr voluntar deparure.
He wanted a continuance so he would have more time to pay for his bond.
The Government had set bond in his case on March 24, 2014. He requested a bond
hearing and the amount of bond was not changed. Respondent, thus, has had
signifcant time to post the bond and has not posted the bond. His request for further
continuance to post the bond is denied.
The Cour finds that the respondent has not applied for any relief from
deporation other than to just delay the proceeding accordingly. The Cour will order the
respondent removed from the United States. The following order shall issue.
ORDER
The respondent shall be removed from the United States to Guatemala,
pursuant to INA Section 212(a)(6)(A)(i).
A206-133-325
DONN L. LIVINGSTON
Immigration Judge
2 April 16, 2014
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CERTIFICATE PAGE
I hereby certif that the attached proceeding before JUDGE DONN L.
LIVINGSTON, in the matter of:
ALBERTO DELEON-SUHUL
A206-133-325
AURORA, COLORADO
was held as herein appears! and that this is the original transcript thereof fr the fle of
the Executive Ofce for Immigration Review.
MARGARET A. MORTON (Transcriber)
DEPOSITION SERVICES, lnc.-2
July 6, 2014
(Completion Date)
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