U.S.

Department of Justice

Executive Office for Immigration Review

Board o fImmigration Appeals Office of the Clerk
5 /07 Leesburg Pike, Suite 2000 Falls Ch11rch, Virginia 20530

Mondragon, Orlando, Esq. Law Office of Orlando Mondragon 1028 E. Rio Grande Avenue EL Paso, TX 79902

OHS/ICE Office of Chief Counsel - HOU 126 Northpoint Drive, Suite 2020 Houston, TX 77060

Immigrant & Refugee Appellate Center | www.irac.net

Name: RODRIGUEZ, ESAU

A 073-692-631

Date of this notice: 10/25/2013

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

Don.rtL ct1AA)
Donna Carr Chief Clerk

Enclosure
Panel Members: Holmes, David B.

williame Usertea m: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Esau Rodriguez, A073 692 631 (BIA Oct. 25, 2013)

U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk
5107 Leesburg Pike, Suite 2000 Flllls Church, Virgit1ill 20530

RODRIGUEZ, ESAU CCA 15850 EXPORT PLAZA DRIVE HOUSTON, TX 77032

OHS/ICE Office of Chief Counsel - HOU 126 Northpoint Drive, Suite 2020 Houston, TX 77060

Immigrant & Refugee Appellate Center | www.irac.net

Name: RODRIGUEZ, ESAU

A 073-692-631

Date of this notice: 10/25/2013

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. Sincerely,

DorutL Cwvu
Donna Carr Chief Clerk

Enclosure
Panel Members: Holmes, David B.

williame Userteam: Docket

Cite as: Esau Rodriguez, A073 692 631 (BIA Oct. 25, 2013)

U.S. Department of Justice

Executive Office for Immigration Review Falls Church, Virginia 22041

Decision of the Board oflmmigration Appeals

File:

A073 692 631 - Houston, TX

Date:

In re: ESAU RODRIGUEZ a.k.a. Esau Acosta Rodriguez IN REMOVAL PROCEEDINGS APPEAL AND MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Orlando Mondragon, Esquire

OCT. J iZOl3

Immigrant & Refugee Appellate Center | www.irac.net

Mark Evans Senior Attorney

APPLICATION: Remand

In a decision dated August 16, 2010, the Board dismissed the respondent's appeal from the

Immigration Judge's May 4, 20 I 0, decision finding the respondent removable, as charged, based on his conviction of an aggravated felony. On January 16, 2013, the United States Court of

Appeals for the Fifth Circuit granted the respondent's petition for review and vacated the removal order. On July 23, 2013, the Department of Homeland Security (DHS) filed a motion with the Board seeking a remand of these proceedings to the Immigration Court. The DHS filing submits that this case was recently remanded to the Board by the Fifth Circuit. However, the

only Fifth Circuit order before us does not reflect a remand of these proceedings to the Board. As there are no proceedings currently pending, the DHS's motion to remand will be denied.

ORDER:

The DHS's motion to remand is denied.

FOR THE BOARD

Cite as: Esau Rodriguez, A073 692 631 (BIA Oct. 25, 2013)