Skall, Karlyn Esq

5690 Roswell Rd, Suite 400

Sandy Springs, GA 30342..(}000
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
Office of the Clerk
5107 Leesburg Pilr, SuiJe 2000
Falls Church. Virginia 22041
DHS/ICE Office of Chief Counsel ATL
180 Spring Street, Suite 332
Atlanta, GA 30303
Name: BELTRAN, JOSE MANUEL JR A 087 -511270
Date ofthls notice: 11/30/2012
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Guendelsberger, John
Hoffman, Sharon
Manuel, Elise L.
Sincerely,
Dortn.L c aAAJ
Donna Carr
Chief Clerk
lucasd
Userteam: Docket
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Cite as: Jose Manuel Beltran, Jr., A087 511 270 (BIA Nov. 30, 2012)
U.S. Department of Justice
Office for Immigration Review
.. .
Falls Church, Virginia 22041
File: A087 511 270- Atlanta, GA
In re: JOSE MANUEL BELTRAN, JR.
IN REMOVAL PROCEEDINGS
APPEAL
Decision of the Board of Immigration Appeals
Date:
NOV 302012
ON BEHALF OF RESPONDENT: Kar1yn Skall, Esquire
ON BEHALF OF DHS: Sirce Elliott
Assistant Chief Counsel
APPLICATION: Tennination
The Department of Homeland Security (''DHS'') appeals the decision of the Immigration
Judge dated March 16, 2011, terminating proceedings against the respondent. The appeal will be
sustained.
The respondent, a native and citizen of Mexico, has conceded that he is subject to removal
from the United States (see Exh. 2). The authority of the Immigration Judge to terminate
removal proceedings is limited by regulation to a few narrow circumstances not applicable here.
See 8 C.P.R. 1238.1(e), 1239.2(); 8 C.P.R. 1240.10(c), (d), 1240.12(c) (requiring that
pleadings be taken and that the Immigration Judge make findings as to removability in his
decision); see also Matter of Rodriguez-Ruiz, 22 I&N Dec. 1378, 1380 (BIA 2000) (requiring
termination where no charge of removability is sustained; Matter ofG-N-C-, 22 I&N Dec. 281,
283-84 (BIA 1998). The mere lack of opposition in this case from the DHS to the respondent's
motion to terminate did not amount to a cognizable basis upon which these removal proceedings
could be terminated. Where, as here, the DHS did not join the motion to tenninate and
removability has been established, the Immigration Judge had no authority to tenninate these
proceedings. Accordingly, the following order is entered.
ORDER: The DRS's appeal is sustained, these removal proceedings are reinstated, and the
record is remanded to the Immigration Court for further proceedings consistent with the
foregoing opinion and for the entry of a new decision.
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Cite as: Jose Manuel Beltran, Jr., A087 511 270 (BIA Nov. 30, 2012)
IN THE MA TIER OF:
BELTRAN, Jose Manuel, Jr.
RESPONDENT
~ " i ~ D STATES DEPARTMENT. JY .. ICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
U.S. IMMIGRATION COURT
180 Spring Street SW, Suite 241
Atlanta, Georgia 30303
CASE NO.
A 087-511-270
IN REMOVAL PROCEEDINGS
ON BEHALF OF RESPONDENT: Karlyn SkaU, Esq.
ON BEHALF OF DHS: Assistant Chief Counsel
DECISION ON MOTION TO TERMINATE
Respondent filed amotion to terminate proceedings in order to allow his application for adjustment of status
to be adjudicated by the United States Citizenship and Immigration Services. The Department of Homeland
Security has not filed a response to the motion. The motion is deemed unopposed.
Having considered the reasons set forth in the motion, the Court finds that good cause has been established
for granting the motion. The Court will issue the following order.
ORDER
IT IS HEREBY ORDERED, that Respondent's motion to terminate proceedings be, and hereby is,
GRANTED.
March16, 2011
Appeal: WAIVED (A II f B )
Appeal Due By:
..... -
c c::;, 9
Earle B. Wilson
U.S. Immigration Judge
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