U.S.

Department of Justice
Executive Office for Immigration Review

Board ofImmigration Appeals

Q[fice of the Clerk
5/07 Leesburg Pike. Suite 2000
Falls Church, Virginia 20530

OHS/ICE Office of Chief Counsel - CHL

5701 Executive Ctr Dr., Ste 300
Charlotte, NC 28212

Name: BENITEZ MARBAN, PERLA ADI...

A 205-210-387

Date of this notice: 1/20/2015

Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,

DonrtL ca.AA-)
Donna Carr
Chief Clerk

Enclosure

Panel Members:
Adkins-Blanch, Charles K.
Guendelsberger, John
Grant, Edward R.

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Perla Adiatna Benitez Marban, A205 210 387 (BIA Jan. 20, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

Zuniga, Robert
Law Office of Robert Zuniga
202 East Woodlawn Road, Suite 102
Charlotte, NC 28217

...

Decision of the Board of Immigration Appeals

U.S. Department of Justice

for Immigration Review

Executive Office

Falls Church, Virginia 20530

File:

A205 210 387 - Charlotte, NC

In re:

PERLA ADIATNA BENITEZ MARBAN

Date:

JAN 2 0 2015

IN REMOVAL PROCEEDINGS

ON BEHALF OF RESPONDENT:

Robert Zuniga, Esquire

APPLICATION: Voluntary departure under section 240B(a) of the Act

The responden a native and citizen of Mexico, appeals the decision of the Immigration
Judge, dated May 13, 2013, denying her request for voluntary departure under section 240B(a) of
the Immigration and Nationality Act, 8 U.S.C. 1229c(a),

as

a matter of discretion and ordering

her removal from the United States. 1 The Department of Homeland Security has not responded
to the appeal. The respondent moves for this Board to grant her request for voluntary departure.

Upon de novo review, we conclude that the respondent warrants the privilege of voluntary
departure under the provisions of section 240B(a) of the Act as a matter of discretion. See
8 C.F.R. 1003.l{d)(3)(ii). While the pendency of criminal charges is a serious adverse factor,
in light of the respondent's residence in this country for many years and her family ties to the
United States, we conclude that this is a case where the authority to grant an alien voluntary
departure before the conclusion of removal proceedings should be favorably exercised.

Matter of Arguelles-Campos,

See

22 l&N Dec. 811 (BIA 1999) (recognizing that the authority to

grant voluntary departure prior to the conclusion of removal proceedings can be used broadly to
quickly and efficiently dispose of cases). The respondent will be granted 120 days to voluntarily
depart this country, the maximum period allowed under section 240B(a)(2)(A) of the Act.

Accordingly, the following orders are entered.

ORDER: The respondent's appeal is sustained and her request for voluntary departure under
the provisions of section 240B(a) of the Act is granted.
FURTHER ORDER: The respondent is permitted to voluntarily depart the United States,
without expense to the Government, within 120 days from the date of this order or any extension

beyond that time as may be granted by the Department of Homeland Security ("DHS").

See

section 240B(b) of the Immigration and Nationality Act, 8 U.S.C. 1229c(b); see also 8 C.F.R.
1240.26(c), (f). In the event the respondent fails to voluntarily depart the United States, the
respondent shall be removed from the United States to Mexico as provided in the Immigration
Judge's order.

The respondent is subject to removal from the United States because she is an alien who is
present in this country without being admitted or paroled by an immigration officer or who
arrived at any time or place other than as designated by the Attorney General {Tr. at 11; Exh. 1).

See section 212(a)(6)(A)(i) of the Act, 8 U.S.C. 1182(a)(6)(A)(i).

Cite as: Perla Adiatna Benitez Marban, A205 210 387 (BIA Jan. 20, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

APPEAL

A205 210 387

NOTICE:

If the respondent fails to voluntarily depart the United States within the time

period specified, or any extensions granted by the OHS, the respondent shall be subject to a civil
pemUty as provided by the regulations and the statute and shall be ineligible for a period of
10 years for any further relief under section 240B and sections 240A, 245, 248, and 249 of the
Act. See section 240B(d) of the Act.
WARNING: If the respondent files a motion to reopen or reconsider prior to the expiration

extended.

If the grant of voluntary departure is automatically terminated upon the filing of a

motion, the penalties for failure to depart under section 240B(d) of the Act shall not apply. See
8 C.F.R. 1240.26(e)(l}.
WARNING:

If, prior to departing the United States, the respondent files any judicial

challenge to this administratively final order, such as a petition for review pursuant to
section 242 of the Act, 8 U.S.C. 1252, the grant of voluntary departure is automatically

terminated, and the alternate order of removal shall immediately take effect. However, if the
respondent files a petition for review and then departs the United States within 30 days of such
filing, the respondent will not be deemed to have departed under an order of removal if the alien
provides to the OHS such evidence of his or her departure that the Immigration and Customs
Enforcement Field Office Director of the DHS may require and provides evidence DHS deems
sufficient that he or she has remained outside of the United States. The penalties for failure to
depart under section 240B(d) of the Act shall not apply to an alien who files a petition for review,
notwithstanding any period of time that he or she remains in the United States while the petition
for review is pending. See 8 C.F.R. 1240.26(i).

2
Cite as: Perla Adiatna Benitez Marban, A205 210 387 (BIA Jan. 20, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

of the voluntary departure period set forth above, the grant of voluntary departure is
automatically terminated; the period allowed for voluntary departure is not stayed, tolled, or

IMMIGRATION COURT
5701 EXECUTIVE CENTER DR.
CHARLOTTE,

NC

#400

28212

In the Matter of
Case No.:
BENITEZ MARBAN,

A205-210-387

PERLA ADIATNA

Respondent

IN REMOVAL PROCEEDINGS

{ / 13

f>" 13

This is a summary of the oral decision entered on

This memorandum is solely for the convenience of the parties.

proceedings should be appealed or reopened,

If the

the oral decision will become

the official opinion in the case.

The respondent was ordered removed from the United States to

MEXICO or in the alternative to .

Respondent's application for voluntary departure was denied and

respondent was ordered removed to MEXICO

alteraatiue

to

ia efie-

Qr

Respondent's application for voluntary departure was granted until

upon posting a bond in the amount of

with an alternate order of removal to MEXICO.

Respondent's application for:

[
[[

]
]
]
]

Asylum was (

)granted

)denied(

Withholding of removal was (

A Waiver under Section

)withdrawn.

}granted (
was (

}denied

}granted (

)withdrawn.

)denied

Cancellation of removal under section 240A{a) was

(

)withdrawn.

}granted

)denied

)withdrawn.

Respondent's application for:

Cancellation under section 240A(b)(1) was (
(

) withdrawn.

If granted,

) granted

) denied

it is ordered that the respondent be issued

all appropriate documents necessary to give effect to this order.

Cancellation under section 240A{b) (2) was
(

)withdrawn.

)granted

}denied

If granted it is ordered that the respondent be issued

all appropriated documents necessary to give effect to this order.

Adjustment of Status under Section
(

)withdrawn.

was

)granted

)denied

If granted it is ordered that the respondent be issued

all appropriated documents necessary to give effect to this order.

Respondent's application of (

) withholding of removal

) deferral of

removal under Article III of the Convention Against Torture was

(

) granted

denied

withdrawn.

Respondent's status was rescinded under section 246.

Respondent is admitted to the United States as a
As a condition of admission,

_______

until

respondent is to post a $

bond.

Respondent knowingly filed a frivolous asylum application after proper

notice.

v 1'.A

Respondent was advised of the limitation on discretionary relief for

Immigrant & Refugee Appellate Center | www.irac.net

ORDER OF THE IMMIGRATION JUDGE

failure to appear as ordered in the Immigration Judge's oral decision.

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Proceedings wee t E( rmi_nated.

Other:
Date:

Appeal:

'

May 13,

Waived

2013

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Immigration Judge
Appeal Due By: