Jesus Salvador Valle-Anguiano, A073 863 636 (BIA Dec. 30, 2015)
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Immigrant & Refugee Appellate Center, LLCJesus Salvador Valle-Anguiano, A073 863 636 (BIA Dec. 30, 2015)
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Immigrant & Refugee Appellate Center, LLCU.S.
Department of Justice
Executive Office for Immigration Review
Board ofImmigration Appeals
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Name: VALLE-ANGUIANO, JESUS SAL...
A 073-863-636
Date of this notice: 12/30/2015
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
DcnrtL
t1JVu
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Grant, Edward R.
O'Leary, Brian M.
Userteam: Docket
For more unpublished BIA decisions, visit
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Cite as: Jesus Salvador Valle-Anguiano, A073 863 636 (BIA Dec. 30, 2015)
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Tousley, Thomas Harry
Law Office of Thomas H. Tousley
600 Cameron Street
Alexandria, VA 22314
U.S. Department of Justice
Decision of the Board of Immigration Appeals
Executive Office fo1 Immigration Review
Falls Church, Virginia 22041
File: A073 863 636- Los Angeles, CA
Date:
In re: JESUS SALVADOR VALLE-ANGUIANO
DEC 3 0 2015
APPEAL
ON BEHALF OF RESPONDENT: Thomas H. Tousley, Esquire
APPLICATION: Adjustment of status under section 245(i) of the Act
The respondent, a native and citizen of Mexico, appeals from the decision of the Immigration
Judge, dated June 5, 2014, deeming his application for adjustment of status under section 245 of
the Immigration and Nationality Act, 8 U.S.C. 1255, abandoned. The record will be remanded
to the Immigration Judge.
In light of the totality of the circumstances presented in this matter, we conclude that
remanded proceedings are warranted to provide the respondent with another opportunity to
pursue his application for adjustment of status under section 245 of the Act. In particular, we
note that the respondent has presented numerous equities, including his lengthy residence and
family ties in this country, and apparent eligibility to adjust status under section 245(i) of the
Act. Further, the Department of Homeland Security has not responded to the present appeal.
Although we acknowledge that the respondent did not submit his Application for Adjustment of
Status (Form I-485) either before the Immigration Judge or on appeal, on balance, we conclude
that the respondent should be afforded a final opportunity to pursue his adjustment of status
claim. We remind the respondent that it is his burden to establish eligibility for relief from
removal. Accordingly, the following orders will be entered.
ORDER: The respondent's appeal is sustained and the Immigration Judge's June 5, 2014,
decision is vacated.
FURTHER ORDER:
The record is remanded to the Immigration Court for further
proceedings consistent with the foregoing opinion and the entry of a new decision.
FORTHEBOARD
Cite as: Jesus Salvador Valle-Anguiano, A073 863 636 (BIA Dec. 30, 2015)
Immigrant & Refugee Appellate Center, LLC | www.irac.net
IN REMOVAL PROCEEDINGS
File: A073-863-636
June 5, 2014
In the Matter of
JESUS SALVADOR VALLE-ANGUIANO
RESPONDENT
)
)
)
)
IN REMOVAL PROCEEDINGS
CHARGES:
Section 212(a)(6)(A)(i) present without being admitted or paroled.
APPLICATIONS:
None.
ON BEHALF OF RESPONDENT: PRO SE
ON BEHALF OF OHS: NATHAN IANA
ORAL DECISION OF THE IMMIGRATION JUDGE
The respondent is a male native and citizen of Mexico. Removal
proceedings were commenced with the issuance of a Notice to Appear dated May 1,
2000, which has been marked and admitted as Exhibit 1. The respondent admitted
Allegations 1 through 5 that he is not a citizen of the United States, that he is a native of
Mexico, that he entered the United States at San Ysidro in 1974 without inspection, that
on August 12, 1997 he filed an application for adjustment of status based on a petition
filed by his United States citizen spouse on, on April 11, 2000 the application was
denied because the respondent failed to prosecute. The Government withdrew the
Immigrant & Refugee Appellate Center, LLC | www.irac.net
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
LOS ANGELES, CALIFORNIA
Allegations 6 and 7 that he was without an immigrant visa and that he came to perform
unskilled labor and withdrew the charge under Section 212(a)(6}(A)(i}, seeking to enter
admissions of Allegations 1 through 5, the Court sustained the charge under Section
212(a)(6)(A)(i) that the respondent is present without being admitted.
The respondent's criminal history was discussed, including a conviction on
December 17, 2013 for driving with a suspended license; June 13, 2013 for driving with
a suspended license; September 17, 2009 a felony Penal Code Section 422, making
terrorist threats with a sentence of 30 days; June 2, 2004, violation of Vehicle Code hit
and run with injuries, resulting in a 10-day sentence. Respondent testified that the
victim was a passenger. A conviction in 2003 for driving with a suspended license, and
a conviction in January of 1982 under Penal Code Section 245(a), assault with a deadly
weapon, for which the respondent was sentenced to 365 days. The respondent
admitted the report from the Government as to his criminal history, and further testified
that the assault with a deadly weapon was a result of a fight in which he stabbed the
victim three times with a screwdriver.
The respondent is married. He has six children who are United States
citizens. He testified further that he is separated from the mother of the children, who
was the original petitioner, that neither of his parents have ever naturalized, though they
are born in Mexico. Asked if he had any fear of returning to Mexico, the respondent
testified, actually no.
The respondent was given the opportunity and a petition was filed on his
behalf. Originally when the proceedings commenced in the year 2000, it was
administratively closed December 28, 2000 upon request by Government. The matter
was re-calendared after the respondent was taken into custody for his most recent
A073-863-636
June 5, 2014
Immigrant & Refugee Appellate Center, LLC | www.irac.net
for the purpose of performing unskilled labor. On the basis of the respondent's
driving violation, and the matter was initially heard after it was re-calendared.
On January 28, 2014, the matter was rescheduled to February 13, 2014.
18, 2014, the matter was rescheduled to March 4, 2014. On March 4, 2014, the matter
was rescheduled to March 18, 2014. On March 18, 2014, the matter was rescheduled
to April 8, 2014. On April 8, 2014, the matter was rescheduled to April 25, 2014. On
April 25, 2014, the matter was rescheduled to May 15, 2014, and on May 15, 2014 the
matter was rescheduled to June 5, 2014. During the pendency of the rescheduled
hearings, the respondent's son filed an 1-130 petition and, as stated above, the matter
was rescheduled multiple times. The petition was ultimately approved. The petition
was filed on March 3, 2014 and was approved on April 10, 2014. The matter was
rescheduled multiple times to allow the respondent to file the adjustment of status 1-485
and the 601 waiver for his crimes of moral turpitude, including making terrorist threats,
hit and run with injuries, and the assault with a deadly weapon. The Court is mindful
that the assault with a deadly weapon is not categorically a crime of moral turpitude,
particularly in the Ninth Circuit. However, the issue of removability has been
established and has not been disputed, and therefore the Court does not need to
examine whether the Government has met its burden, but instead it is the respondent's
burden to establish eligibility for relief. Respondent has not filed any applications,
including the adjustment of status application. The matter was rescheduled multiple
times for that purpose. From April 25, 2014 it was rescheduled to May 15, 2014, and
from May 15, 2014 it was rescheduled to June 5, 2014. The respondent has not
completed the forms, even most minimal information has not been provided, such as
name, date of birth. The respondent has made no efforts to complete the application at
least to the point where it could be filed. He has been given the opportunity. He has
A073-863-636
June 5, 2014
Immigrant & Refugee Appellate Center, LLC | www.irac.net
On February 13, 2014, the matter was rescheduled to February 18, 2014. On February
had the advantage of family members to assist him. He is fluent in English. He claims
that he is not good with paperwork and needs to be released. The Court has held a
The respondent in the proceeding on removability has abandoned his
application. He is ineligible for voluntary departure because of his crimes of moral
turpitude, even the most recent ones, including the terrorist threats which were
prosecuted as a felony, and the hit and run with injuries. Respondent is ordered
removed.
Please see the next page for electronic
signature
A073-863-636
LORRAINE J. MUNOZ
Immigration Judge
June 5, 2014
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bond hearing which was appealable and the respondent has not appealed the bond.
-- I
,,
/Isl/
Immigration Judge LORRAINE J. MUNOZ
A073-863-636
Immigrant & Refugee Appellate Center, LLC | www.irac.net
munozl on July 17, 2014 at 2:58 PM GMT
June 5, 2014
