Dendy, Aaron Community Law Group, PLLC. 2604 Nolensville Pike, Suite C Nashville, TN 37211

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 22041

DHS/ICE Office of Chief Counsel - MEM 80 Monroe Ave., Ste 502 Memphis, TN 38102

Name: BERNABE-CHINCHABEL, JOEL A 205-152-029

Date of this notice: 11/30/2015

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

Enclosure

Panel Members: Grant, Edward R. Adkins-Blanch, Charles K. Guendelsberger, John

Sincerely,

Don,u._ C aftA)

Donna Carr Chief Clerk

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Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished/index/

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Cite as: Joel Bernabe-Chinchabel, A205 152 029 (BIA Nov. 30, 2015)

U.S. Department of Justice Executive Office for Immigration Review

Decision of the Board oflmmigration Appeals

Falls Church, Virginia 22041

File: A205 152 029 - Memphis, TN

In re: JOEL BERNABE-CHINCHABEL

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Aaron Dendy, Esquire

APPLICATION: Continuance

Date: NOV 3 0 2015

The respondent, a native and citizen of Mexico, has appealed from the Immigration Judge's decision dated March 5, 2014. The record will be remanded to the Immigration Judge.

The Board reviews an Immigration Judge's findings of fact, including findings as to the credibility of testimony, under the "clearly erroneous" standard. 8 C.F.R. § 1003.l(d)(3)(i); Matter of S-H-, 23 I&N Dec. 462, 464-65 (BIA 2002). The Board reviews questions of law, discretion, and judgment and all other issues in appeals from decisions of Immigration Judges de novo. 8 C.F.R. § 1003.l(d)(3)(ii).

The Immigration Judge denied the respondent's request for additional time to seek an attorney. We acknowledge the Immigration Judge's reasoning but find it appropriate to remand the record for the Immigration Judge to give the respondent one more opportunity to seek an attorney and to determine if the respondent has any relief available at present.

Accordingly, the following order will be· ntered.

ORDER: The record is remanded to ili Immigration Judge for further proceedings consistent with the foregoing opinion and for the try of a new decision.

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Cite as: Joel Bernabe-Chinchabel, A205 152 029 (BIA Nov. 30, 2015)

UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW

UNITED STATES IMMIGRATION COURT MEMPHIS, TENNESSEE

File: A205-152-029

In the Matter of

March 5, 2014

JOEL BERNABE-CHINCHABEL ) ) ) )

IN REMOVAL PROCEEDINGS

RESPONDENT

CHARGES: Section 212(a)(6)(A)(i), alien present without being admitted or paroled.

APPLICATIONS: A continuance.

ON BEHALF OF RESPONDENT: PRO SE

ON BEHALF OF OHS: JONATHAN LARCOMB

ORAL DECISION AND ORDER

Respondent is a native and citizen of Mexico. He appeared before the

Immigration Court initially on January 16, 2013, today being March 5, 2014.

On January 16, 2013 the Immigration Judge gave the respondent an

opportunity to look for an attorney, and he came back today without an attorney.

Respondent requested another continuance to find an attorney, citing his inability to

support his family.

The Immigration Judge asked respondent questions concerning his

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background and whether there is any form of relief available for him. Respondent

testified that he is a native and citizen of Mexico who came to the United States in

March of 2007 through Arizona. He apparently has a son who is a United States

citizen.

The Immigration Judge explained to the respondent several times the

difference between voluntary departure pre-completion and voluntary departure post­

completion and gave the respondent the option to either take 120 days voluntary

departure or to appeal his decision to the Board of Immigration Appeals through 60

days post-completion voluntary departure. The respondent repeatedly interrupted the

Immigration Judge as if the Immigration Judge had not explained anything to him.

Government counsel asked the respondent whether he had a passport

and respondent said he left the passport at home. Accordingly, the Immigration Judge

concludes under regulations promulgated at 8 C.F. R. 1240.26, that the respondent is

ineligible for post-completion voluntary departure because he could not produce a

passport which the Department attorney could review.

Respondent kept asking the Court for more time to find an attorney. An

Immigration Judge may grant a continuance for good cause shown. 8 C.F.R. 1003.29.

The denial of such a motion is reviewed for abuse of discretion. See generally cases

collected at Kwak v. Holder, 607 F.3d 1140 (6th Cir. 2010).

In this case, the Immigration Judge has given respondent 14 months to

find a lawyer and he does not have a lawyer. Immigration Judge has done his level

best to explain to this respondent what forms of relief he has available to him and the

respondent continues to obfuscate and will not answer questions straight. Nonetheless,

the Immigration Judge gave respondent three opportunities to accept pre-completion

voluntary departure of 120 days which in the Immigration Judge's estimation would be

A205-152-029 2 March 5, 2014

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to the best interest of this respondent who has no form of relief available for him in the

United States.

Respondent, however, wishes to appeal this decision to the Board of

Immigration Appeals and that is his right. This respondent does not have a passport.

The only order that can be appealed at this time is an order of removal, and accordingly

the Court enters an order of removal ordering the respondent removed to Mexico.

ORDER

The charges are hereby sustained, the Immigration Judge finding that

respondent is an alien present without being admitted or paroled;

Respondent is hereby ordered removed to Mexico.

signature

A205-152-029

Please see the next page for electronic

CHARLES E. PAZAR Immigration Judge

3 March 5, 2014

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/Isl/

Immigration Judge CHARLES E. PAZAR

pazarc on September 3, 2014 at 5:10 PM GMT

A205-152-029 4 March 5 1 2014

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