SAMUELS, WINSTON EVERTON

354 DOREMUS AVE

A055-938-461
NEWARK, NJ 07105
Name: SAMUELS, WINSTON EVERTON
U.S. Department of Justice
Executive Ofce fr Immigation Review
8oorJo/Ioo|gmt|oonppeols
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5107 leesb11rg Pike, S11ile 2000
Fals C/111rc/1, Vrgi11ia 12041
OHS/ICE Ofice of Chief Counsel - NEW
P .0. Box 1898
Newark, NJ 07101
A055-938-461
Date of this notice: 3/29/2012
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Manuel, Elise L.
Sincerely,
Donna Carr
Chief Clerk
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Cite as: Winston Everton Samuels, A055 938 461 (BIA Mar. 29, 2012)
For more unpublished BIA decisions, visit www.irac.net/unpublished
. .
U.S. Deparent of Justice
'xecutive Ofce fr Imigration Review
Falls Church, Virginia 22041
File: A055 938 461 - Newark, NJ
Decision of te uoard of Imigation Appeals
Date:
MAR 32012
In re: WISTON EVERTON SAMUELS a.k.a. Winston Samuels a.k.a. Winston Samuel a.k.a.
Winston E. Samuels
IN REMOVAL PROCEEDIGS
APPEAL
ON BEHALF OF RESPONDENT: Pro se
On November 22, 2011, an Immigation Judge fund the respondent removable, ineligible fr
relief fom removal, and ordered him removed fom the United States (Tr. at 12-14). The
respondent, a native and citizen of Jaaica, has appealed fom that decision. The appeal will be
dismissed.
The Board reviews an Immigration Judge's fndings of fct, including fndings as to the
credibility of testimony, under the "clearly erroneous" standard. See 8 C.F .R. 1003 .1 ( d)(3 )(i). The
Board reviews questions of law, discretion, and judgent and all other issues i appeals fom
decisions oflmmigation Judges de novo. See 8 C.F.R. 1003. l(d)(3)(ii).
As an initial matter, the Sumary of the Immigration Judge's decision dated
November 22, 2011, refects that the respondent and the goverent waived appeal. We fnd that
the respondent's waiver was not knowingly and intelligently made. See Matter of Shih, 20 I&N Dec.
687 (BIA 1993). The Immigration Judge asked the unrepresented respondent if he wished to reserve
his right to appeal, or accept the decision as fnal and the respondent stated he wanted a fnal
decision (Tr. at 14). Based upon the colloquy between the Immigation Judge and the respondent,
we do not fnd that the Immigration Judge had made it clear to the unrepresented respondent that
such acceptance of the decision constitutes an irevocable waiver of the respondent's appeal rights.
See Matter of Rodrigez-Diaz, 22 l&N Dec. 1320 (BIA 2000). Moreover, the Immigation Judge
did not provide the respondent with a copy of the Written Notice of Appeal Rights (For 1-618) at
the onset of proceedings. See 8 C.F.R. 1240.48(a). Accordingly, we fnd that an efective waiver
of appeal did not occur and that the respondent's appeal is properly befre us.
The respondent was fund removable as an alien convicted of an aggravated felony under section
237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C. 1227(a)(2)(A)(iii),
in conjunction with section 101(a)(43)(B) of the Act, 8 U.S.C. l 101(a)(43)(B), and a an alien
convicted of a controlled substance violation under section 237(a)(2)(B)(i) of the Act. A supported
by conviction documents, on Januar 24, 2006, the respondent was convicted in the Superior Court
of New Jersey at Passaic County of possession of a controlled dangerous substance with intent to
distribute within 1000 fet of school property (Exh. 2). The respondent was admitted to the United
States on August 31, 2002 as a child of a United States citizen. Upon de nova review, we fnd
correct the Immigration Judge's conclusions concering the respondent's removability and
ineligibilit fr removal relief.
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Cite as: Winston Everton Samuels, A055 938 461 (BIA Mar. 29, 2012)
zw
' A055 938 4ql
On appeal, the respondent requests that these proceedings be remanded to the Immigration Judge
so he may have another opportunity to be represented by counsel. We decline to remand these
proceedings to the Imigration Judge.
The record refects that on September 15, 2011, the respondent ackowledged receipt of te list
of fee and low cost legal service providers and the Immigation Judge continued the respondent's
hearing to retain the services of an attorey {Tr. at 1-2). On November 7, 2011, the respondent again
ackowledged receipt of te list of fee and low cost legal service providers and the Immigation
Judge continued the respondent's hearing to retain the services of an attorey (Tr. at 4-6). On
November 22, 2011, the respondent appeared without an attorney and the Immigration Judge
proceeded with the respondent's case. Upon de novo review, we fnd that the Immigation Judge's
decision to proceed wit te respondent's hearing was proper under these circumstances. See
generally Leslie v. US. Att ' Gen'!, 611 F.3d 171 (3rd Cir. 2010) (olding that the regulations at
8 C.F.R. 1240.10(a)(2)-(3), requiring Immigation Judge's to infrm aliens of the availability of
fee legal services protect the fndamental right to counsel at removal hearings). We also fnd that
he has not demonstated any resultant prejudice such as would amount to a due process violation.
See Romanishyn v. Attorey General of US., 455 F.3d 175 (3d Cir. 2006).
Accordingly, the fllowing order will be issued.
ORDER: The appeal is dismissed.
FOR THE BOARD
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Cite as: Winston Everton Samuels, A055 938 461 (BIA Mar. 29, 2012)
-
UNITED STATES IMMIGRATION COURT
970 BROA STREET, ROOM 1135
NEWARK, NJ 07102
IN THE REMOVAL CASE OF
SAUELS, WINSTON EVERTON
RESPONENT
ORDERS
CASE NO.: A055-938-461
This is a memorandum of the Court's Decision and Orders entered on
This memorandum is solely for the
convenience of the parties. The oral or written Findings, Decision
and Orders is the official opinion in this case. { ) Both parties
waived issuance of a formal oral decision in the case.
The rese: w orred REMOVED
.
from the
.
United States to

{ ) in absentia.
[ ) Respondent's application for VOLUTAY DEPATURE was DENIED and
respondent was ordered removed to , in the
alternative to
Respondent's application for VOLUTAY DEPARTURE was GRATED until

' upon posting a voluntary departure bond in the amoqt

of $ to OHS within five business days from the date of this
Order, with an alternate Order of removal to
or Respondent shall present to OHS within
) thirty days ) sixty days from the date of this Order, all
necessary travel documents for voluntary departure.
Respondent's application for ASYLUM was { ) granted ) denied
{ ) withdrawn with prejudice.
{ ) subject to the A A CAP under the INA section 207{a) (5).
{ ) Respondent knowingly filed a FRIVOLOUS asylum application.
Respondent's application for WITHHOLDING of removal under INA
section 24l{bl (3) was { ) granted ( ) denied { ) withdraw with
prejudice.
Respondent's application for WITHHOLDING of removal under the Torture
Convention was { l granted { ) denied { ) withdrawn with prejudice.
Respondent's application for DEFERRAL of removal under the Torture
Convention was { ) granted { ) denied ( ) withdrawn with prejudice.
Respondent's application for CACELLTION of removal under section
{ l 203 {b) of NACARA, { ) 240A{a) l 240A(b) (1) { ) 240A(b) (2)
of the INA, was { ) granted ( ) denied ( ) withdrawn with prejudice.
If granted, it was ordered that the OHS issue all appropriate documents
necessary to give effect to this Order. Respondent { ) is ( ) is not
subject to the AA CAP under INA section 240A(e) .
Respondent's application for a WAIVER under the INA section
was ( ) granted ( ) denied ( ) withdrawn or
) other ( ) The conditions imposed by
INA section 216 on the repondent s permanent resident status were removed.
Respondent's application for ADJUSTMENT of status under section
of the ( ) INA ( ) NACARA ( ) was
( l granted ( ) denied ( ) withdrawn with prejudice. If granted,
it was ordered that DHS issue all appropriate documents necessary to
give effect to this Order.
CASE NUMBER: 055-938-
461 RESPONDENT: SAUELS, WINSTON EVERTON
Respondent's status was RESCINDED pursuant to the INA section 246.
, 0
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Respondent's motion to WITHDRAW his application for admission was
( ) granted ( ) denied. If the respondent fails to abide by any of
the conditions directed by the district director of OHS, then the
alternate Order of removal shall become immediately effective without
further notice or proceedings: the respondent shall be removed from
the United States to
Respondent was AMITTED
ordered to post a $
as a
until
As a condition of admission, the respondent was
bond.
Case was ( ) TERMINATED ) with ) without prejudice
AMINISTRATIVELY CLOSED.
Respondent was orally advised of the LIMITATION on discretionary
relief and consequences for failure to depart as ordered.
[ 1 If you fail to voluntarily depart when and as required, you shall
be subject to civil money penalty of at least $1,000, but not more than
$5,000, and be ineligible for a period of 10 years for any further
relief under INA sections 240A, 240B, 245, and 248 (INA Section 240B(d)).
[ ) If you are under a final order of removal, and if you willfully fail
or refuse to 1) depart when and as required, 2) make timely application
in good faith for any documents necessary for departure, or 3) present
yourself for removal at the time and place required, or, if you conspire
to or take any action designed to prevent or hamper your departure, you
shall be subject to civil money penalty of up to $500 for each day wider
such violation. (INA section 274D(a)). If you are removable pursuant
to INA 237(a), then you shall further be fined and/or imprisoned for Up
to 10 years. (INA section 243 (a) (1)).
Other:
Date: Nov 22, 2011
s
APPEAL' (aived
DUE BY:
) reserved by ) Respondent ) OHS ( oth
CERTIFICATE OF SERV
BY: [ ) MIL [ ERSONAL SERVICE
[ ] Alien's ATT/R [ IEN c/ stodial Offir
[ ] COUT STAFF GE

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