Jose Alberto Lopez-Ramirez, A087 417 602 (BIA May 4, 2015)
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Immigrant & Refugee Appellate Center, LLCJose Alberto Lopez-Ramirez, A087 417 602 (BIA May 4, 2015)
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Immigrant & Refugee Appellate Center, LLCU.S.
Department of Justice
Executive Office for Immigration Review
Board ofImmigration Appeals
Office ofthe Clerk
5/07 Leesburg Pike, Suite 2000
Falls Church, Virginia 20530
DHS/ICE - Office of Chief Counsel
10400 Rancho Road
Adelanto, CA 92301
Name: LOPEZ-RAMIREZ, JOSE ALBER ...
A 087-417-602
Date of this notice: 5/4/2015
Enclosed is a copy of the Board's decision and order in the above-referenced case.
DQn.JtL ca.AA)
Sincerely,
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Holmes, David 8.
Userteam: Docket
For more unpublished BIA decisions, visit
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Cite as: Jose Alberto Lopez-Ramirez, A087 417 602 (BIA May 4, 2015)
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Finn, Gary
Law Office of Gary Finn
82632 Highway 111, Suite 82
Indio, CA 92201
'I,
U.S. Department of Justice
Executive Office for Immigration Review
Decision of the Board of Immigration Appeals
Falls Church, Virginia 20530
File: A087 417 602 - Adelanto, CA
Date:
In re: JOSE ALBERTO LOPEZ-RAMIREZ a.k.a. Jose Alberto Lopez a.k.a. Maniaco Lopez
APPEAL
ON BEHALF OF RESPONDENT: Gary Finn, Esquire
CHARGE:
Notice: Sec.
237(a)(2)(A)(iii), l&N Act [8 U.S.C. 1227(a)(2)(A)(iii)] Convicted of aggravated felony under section 101(a)(43)(B) of the Act
Sec.
237(a)(2)(B)(i), I&N Act [8 U.S.C. 1227(a)(2)(B)(i)] Convicted of controlled substance violation
Sec.
23 7(a)(2)(C), l&N Act [8 U.S.C. 1227(a)(2)(C)] Convicted of firearms or destructive device violation I
APPLICATION: Termination; continuance
The respondent appeals from the Immigration Judge's August 20, 2014, decision ordering
him removed to Mexico. The record will be remanded.
This matter must be remanded because the Immigration Judge's decision does not contain
findings of fact or conclusions of law with regard to each of the removability charges at issue.
The Immigration Judge states only that "[b]ased upon the submission of the evidence from the
Government, the Court found all allegations to be true and sustained the three charges of
removability" (I.J. at 2). This statement is insufficient to allow for proper review by the Board
because it is not clear what particular evidence was considered with regard to each of the three
charges against the respondent or how the evidence establishes removability. As a consequence,
we cannot properly review whether the Department of Homeland Security (DHS) has met its
burden of showing by clear and convincing evidence that the respondent is removable as
charged. See Woodby v. INS, 385 U.S. 276 (1966); 8 C.F.R. 1003.l(d)(3)(iv) (the Board has
limited authority to engage in factfinding in the course of deciding appeals). Accordingly, we
will remand the record to the Immigration Judge for further factfinding and a proper
determination regarding each removability charge. Under the circumstances, we need not reach
the respondent's arguments regarding the admissibility of the evidence submitted or his
argument that he should have been granted another continuance.
1
Two other charges initially included in the Notice to Appear were subsequently withdrawn by
the DHS (Tr. at 15-16; Exh. 1).
Cite as: Jose Alberto Lopez-Ramirez, A087 417 602 (BIA May 4, 2015)
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IN REMOVAL PROCEEDINGS
A087 417 602
The following order will be entered.
FOR THE BOARD
2
Cite as: Jose Alberto Lopez-Ramirez, A087 417 602 (BIA May 4, 2015)
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ORDER:
The record is remanded to the Immigration Court for further proceedings
consistent with the foregoing opinion and for the entry of a new decision.
August 20,2014
File: A087-417-602
In the Matter of
JOSE ALBERTO LOPEZ-RAMIREZ
RESPONDENT
)
)
)
)
IN REMOVAL PROCEEDINGS
CHARGES:
Section 237(a)(2)(C) and Section 237(a)(2)(A)(iii) and Section
237(a)(2)(B)(i).
APPLICATIONS:
None.
ON BEHALF OF RESPONDENT: GARY FINN, ATTORNEY AT LAW
82632 HIGHWAY 111
INDIO, CALIFORNIA 92201
ON BEHALF OF OHS: STEPHANIE GORMAN, ASSISTANT CHIEF COUNSEL
10250 RANCHO ROAD
ADELANTO, CALIFORNIA 92301
ORAL DECISION AND ORDER OF THE IMMIGRATION JUDGE
Jurisdiction vested in the Immigration Court with the filing of a Notice to
Appear on March 18, 2014. The Notice to Appear was issued on March 13, 2014 and
personally served on the respondent on that same date. The respondent appeared at a
master calendar proceeding with counsel on April 16, 2014 and at that time counsel
requested attorney preparation time. The case was continued to May 13, 2014. On
Immigrant & Refugee Appellate Center, LLC | www.irac.net
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
ADELANTO, CALIFORNIA
May 13, 2014 pleadings were taken. The respondent appeared with counsel and
denied all factual allegations, denied removability, and the case was continued for a
respondent's Form 1-485 and G-325. The Government previously submitted copies of
the respondent's firearms conviction, that is convicted felon in possession of a firearm,
as well as the respondent's conviction for possession of a controlled substance for sale.
And those were previously marked into the record. Based upon the submission of the
evidence from the Government, the Court found all allegations to be true and sustained
the three charges of removability.
It should be noted at this point that the Government initially also charged
Section 237(a)(2)(A)(iii) aggravated felony for firearms offenses. This charge was
withdrawn by the Government on May 29, 2014. The respondent declined to designate
a country for removal and the Court directed Mexico.
The case was continued to allow the respondent an opportunity to file his
application on Form 1-589. On June 25, 2014 the respondent again appeared with
counsel and indicated that he would not be filing the 589. That application was deemed
abandoned and the respondent was focusing his efforts on post-conviction relief. The
case was continued to give the respondent an opportunity to seek post-conviction relief.
And on July 30, 2014 the respondent appeared with counsel and indicated the post
conviction relief application was still pending before the state court. As a result, the
Court granted another continuance for the respondent to seek post-conviction relief.
And on today's day, on August 20, 2014, the respondent indicated that the application
for post-conviction relief was denied by the state court. He further states that he will be
seeking further post-conviction relief at the next level and seeks a continuance for that
purpose. However, the Court indicates indicated that it had already granted two months
A087-417-602
August 20, 2014
Immigrant & Refugee Appellate Center, LLC | www.irac.net
contested removal hearing. On May 29 1 2014, the Government submitted copies of the
of continuances for post-conviction relief.
Counsel has represented the respondent for three and a half months and
respondent has \vaived abandoned his application on Form 589 {in fact, never
submitting it} and as a result the Court does not see any reason to grant further
continuances at this point.
The evidence in this case consists of the following exhibits.
Exhibit 1: Notice to Appear.
Exhibit 2: Firearms conviction record.
Exhibit 3: Controlled substance for sale conviction record.
Exhibit 4: Copies of the respondent's Form 1-485 and G-325.
Exhibit 5: Superior Court of California in Riverside County's decision
denying the petition for writ of habeas corpus.
Based upon all of the foregoing, the Court will enter the following order:
ORDER
IT IS ORDERED that the respondent be removed to Mexico.
Please see the next page for electronic
signature
A087-417-602
AMY T. LEE
Immigration Judge
August 20,2014
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the case has gone on quite some time. There is no application before this Court. The
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Immigration Judge AMY T. LEE
A087-417-602
Immigrant & Refugee Appellate Center, LLC | www.irac.net
leea on December 12, 2014 at 12:57 AM GMT
August20,2014
