Contreras Edin, Gloria Leticia Contreras Edin & Associates, PLLC 546 Rice Street, Suite 200 Saint Paul, MN 55103 Name: RAMOS-CHAVEZ, LIONEL U.S. Department of Justice Executive Office r Immigration Review Board ofImmigration Appeals Office of the Clerk 5107 leburg Pike, Suite 2000 Fas Church, rginia 20530 OHS/ICE Office of Chief Counsel • BLM 2901 Metro Drive, Suite 100 Bloomington, MN 55425 A 024-255-707 Date of this notice: 3/28/2014 Enclosed is a copy of the Board's decision and order in the above-rerenced case. Enclosure Panel Members: Adkins-Blanch, Charles K. Sincerely, Dc Donna Carr Chief Clerk williame Userteam: Docket For more unpublished BIA decisions, visit www.irac.net/unpublished Immigrant & Refugee Appellate Center | www.irac.net Cite as: Lionel Ramos-Chavez, A024 255 707 (BIA Mar. 28, 2014)
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Lionel Ramos-Chavez, A024 255 707 (BIA Mar. 28, 2014)
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Contreras Edin, Gloria Leticia Contreras Edin & Associates, PLLC 546 Rice Street, Suite 200 Saint Paul, MN 55103
Name: RAMOS-CHAVEZ, LIONEL
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals Office of the Clerk
5107 leesburg Pike, Suite 2000 Falls Church, Virginia 20530
OHS/ICE Office of Chief Counsel • BLM 2901 Metro Drive, Suite 100 Bloomington, MN 55425
A 024-255-707
Date of this notice: 3/28/2014
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members: Adkins-Blanch, Charles K.
Sincerely,
DOWtL c l1/VL)
Donna Carr Chief Clerk
williame Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
RAMOS-CHAVEZ, LIONEL A024-255-707 C/O ICE/OHS 13880 Business Center Dr., NW Elk River, MN 22330
Name: RAMOS-CHAVEZ, LIONEL
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals Office of the Clerk
5107 Leesburg Pike, Suite 2000 Falls Church. Virginia 20530
OHS/ICE Office of Chief Counsel - BLM 2901 Metro Drive, Suite 100 Bloomington, MN 55425
A 024-255-707
Date of this notice: 3/28/2014
Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being provided to you as a courtesy. Your attorney 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 from the United States or affirms 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 the decision.
In re: LIONEL RAMOS-CHAVEZ a.k.a. Alfonso Zuniga-Guzman a.k.a. Gustavo Guzman-Cruz a.k.a. Miguel Gonzalez-Cruz a.k.a. Pedro Valenzuela a.k.a. Leovigildo Gustavo Guzman-Cruz
IN REMOVAL PROCEEDINGS
APPEAL AND MOTION
ON BEHALF OF RESPONDENT: Gloria L. Contreras-Edin, Esquire
ON BEHALF OF OHS: Ryan R. Wood Assistant Chief Counsel
APPLICATION: Continuance; remand
The respondent, a native and citizen of Mexico, has appealed from the Immigration Judge's December 2, 2013, decision denying his request for a continuance and ordering his removal. During the pendency of the appeal, the respondent has also filed a motion to remand. The Department of Homeland Security ("OHS") has filed a brief in opposition. We review findings of fact by the Immigration Judge for clear error, while all other issues are reviewed de nova. 8 C.F.R. §§ 1003. l (d)(3)(i)-(ii). The respondent's motion to remand will be granted.
The respondent's motion to remand is supported by evidence indicating that he has filed a petition for a U nonimmigrant visa that is supported by an approved law enforcement certification. See generally Matter of Sanchez Sosa, 25 I&N Dec. 807 (BIA 2012). Based on this evidence, we conclude that remand of the record for further consideration of the respondent's request for a continuance to await adjudication of his pending petition for a U visa is warranted. See id. (holding that a continuance for a reasonable period of time should ordinarily be granted where an alien demonstrates prima facie eligibility for a U visa). Accordingly, the respondent's motion to remand will be granted. Because we grant the respondent's motion to remand for further proceedings, we do not reach the merits of the underlying appeal.
ORDER: The record will be remanded for further proceedings and for the entry of a new decision.