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of the Notice to Appear. Additionally, as an arrival alien, the Respondent was not eligible fr "pre
concJusion" voluntary deparure under section 240B(a)(l) of the Act. See section 240B(a)(4) of the
Act.
Te Respndent did not want to have a rmoval order enterd against him, ad he was also
in a hurr to retr to Spain fr medical treatent. The Deparment of Homeland Security, taing
into consideration the Respondent's age and circumstances, agreed to a terination of Respondent's
removal proceedings, and thus avoid an order of removal, if the Respondent agreed to complete the
required frm abandoning his residence. The Respondent would thereafer be able to retur to the
United States as a tourist with his Spanish passpor under the visa waiver program. The Court notes
the Respondent was represented by counsel at the hearing, and the Respondent was able to consult
with him. The Court is satisfed that the Respondent understood the natre and object of the
proceedings. The proceedings were "conducted in a manner that satisfes principles of fndamental
fairess." Matter of M-A-M, 25 l&N Dec. 474, at 479 (BIA 2011).
Although removal proceedings were terminated, the Respondent executed an 1-407
abandoning his resident status. Therefre, the Respondent is no longer a lawfl permanent resident
of the United States. The Cour notes the Respondent's removal proceedings were handled in a way
to beneft the Respondent and not negatively impact his ability to retur to the United States under
the visa waiver program as a Spanish citizen. If proceedings had not been terminated, the Cour
would have issued an order of removal against the Respondent, and he thereafer could have
appealed the decision to the Board of Immigration Appeals. However, the Respondent wanted to
retur to Spain fr treatment and chose not to pursue this option.
Accordingly, Counsel fr the Respondent's motion to reopen is hereby DENIED.
DONE and OREED in Chambers this 2gh day of March, 2012.
cstant District Counsel
nsel for Respondent
espon
i
Mailed out ByV
.J
ariopez
U.S. Immigration Judge
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