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George Anton Toma, A095 722 220 (BIA Mar. 20, 2014)
George Anton Toma, A095 722 220 (BIA Mar. 20, 2014)
Mettias, Jimmy Philip, Esquire Mettias Law Firm 14393 Park Ave, Suite 100 Victorville, CA 92392-3300
OHS/ICE Office of Chief Counsel - LOS 606 S. Olive Street, 8th Floor Los Angeles, CA 90014
A 095-722-220
Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,
DorutL ca.t\AJ
Donna Carr Chief Clerk
Lulseges
Usertea m: Docket
Cite as: George Anton Toma, A095 722 220 (BIA Mar. 20, 2014)
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File:
Date:
MAR 2 G 2014
The respondent, a native and citizen of Jordan, appeals from the decision of the Immigration Judge, dated April 10, 2012, deeming his application for adjustment of status under section 245 of the Immigration and Nationality Act, 8 U.S.C.
1255,
abandoned.
sustained and 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 a reasonable opportunity to pursue his application for adjustment of status under section 245 of the Act. Although the respondent appeared at his last hearing without submitting his updated California Department of
Justice criminal record, and further without updating his fingerprints as instructed by the Immigration Judge, the record does not reflect that the Immigration Judge informed the respondent of the consequences of not timely filing the criminal record or updating his fingerprints (Tr. at 80). Under such circumstances, and given that the Department of Homeland Security has not responded to the present appeal, we conclude that the respondent should be afforded an additional opportunity to pursue his adjustment of status claim in light of the equities presented in this case, including his lengthy residence and family ties in this country. 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 lmmigration Judge's April 10, 2012, 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.
Cite as: George Anton Toma, A095 722 220 (BIA Mar. 20, 2014)
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UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT LOS ANGELES, CALIFORNIA
File:
A095-722-220
April 10,
2012
In the Matter o f
)
.
) ) )
IN REMOVAL PROCEEDINGS
CHARGES:
APPLICATIONS:
request
NASSIM ARZANI
TRACY NGUYEN
ORAL DECISION OF THE IMMIGRATION JUDGE The respondent is a 34-year-old single male, and citizen o f Jordan. Los Angeles, native
immigrant visitor with authorization to remain for a temporary period not to exceed one year. On July 20, (DHS) 2006, the United
issued a Notice to
('
Appear
(NTA)
commencing removal proceedings under Section 240 of (INA) . The NTA was served
by personal delivery on respondent on July 21, filed with the Immigration Court on July 24, 1. On September 6, 2006,
2006.
allegations in the NTA and .conceded removability. o f respondent's admissions and concessions,
respondent's removability has been established by clear and convincing evidence. Respondent sought relie f in the form of Respondent declined to The record
discloses that respondent has numerous arrests and convictions. See Exhibit 2; Exhibit
8.
Therefore,
several occasions requested that respondent submit the state of California Department o f Justice criminal rap sheet. Exhibits 10-12. Respondent See
even though they were made over the course of more than two and one half years. of removal, The respondent declined to designate a country
and the Court designated Jordan upon the At the hearing on September 1, 2010, the
Government's motion.
Court specifically advised respondent of the need to have his fingerprints taken with DHS prior to today's hearing. cannot determine respondent's eligibility having the fingerprints taken. The Court
In addition,
A095-722-220
April 10,
2012
See
8 C. F. R.
1003. 47 (b) .
An
8 C. F.R.
1003. 47 (c)
and
(d) .
Because the respondent has failed to have his fingerprints taken prior to this hearing and he has not demonstrated that the failure was the result of good cause, the
Court will deem his application for adjustment of status to have been abandoned. Respondent requested additional time to comply However, the respondent has not
provided any viable reason for the Court to grant a continuance. Respondent has asseted that he did not have a ride to get his fingerprints taken. respondent. The Court does not accept this excuse for
he has not demonstrated why he has not been able to get his fingerprints taken despite notice of over 19 months. Respondent
also failed to get his Cali fornia Department of State criminal records, do so. despite three requests and nearly three years time to Therefore, the Court finds no good cause to continue
this matter and additional time to have the fingerprints taken. Respondent seeks no other relief Consequently, from removal.
A095-722-220
April
10,
2012
ad j ustment of .status under Section 245 be deemed abandoned. IT IS FURTHER ORDERED that respondent be removed from
the United States to Jordan on the charge contained in the Notice to Appear.
April 10,
April 10,
2012
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.
CERTIFICATE PAGE
LEE
O'CONNOR,
A095-722-220
LOS ANGELES,
CAL IFORNIA
i s an accurate,
by the Executive Office for Immigration Review and that this is the original transcript thereof for the file of the Executive Office for Immigration Review.
FERDINAND T.
BASILIO
(Transcriber) Inc.
(Completion Date}