U.S.

Department of Justice

Executive Office for Immigration Review

Board qf'lmmigration Appeals
Office ofthe Clerk
5107 Leesburg Pike, Suite 2000
Falls Church. Virgima 20530

DHS/ ICE Office of Chief Counsel - SDC

146 CCA Road, P.O.Box 248
Lumpkin, GA 31815

Name: GOVEA-RECENDIZ, NOE

A 206-841-626
Date of this notice: 6/24/2015

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

Don.rtL c

(1/lA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Holmes, David B.

Use rteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Noe Govea-Recendiz, A206 841 626 (BIA June 24, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Owings, Sarah Weston Hayes

Antonini and Cohen
2751 Buford Hwy, 8th Floor
Atlanta, GA 30324

U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office of the Clerk
5/07 Leesburg Pike, SuUe 2000

Falls Church, Virginia 20530

OHS/ ICE Office of Chief Counsel - SOC

146 CCA Road, P.O.Box 248
Lumpkin, GA 31815

Name: GOVEA-RECENDIZ, NOE

A 206-841-626
Date of this notice: 6/ 24/2015

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been served with this
decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be
removed from the United States or affirms an Immigration Judge's decision ordering that you
be removed, any petition for review of the attached decision must be filed with and received
by the appropriate court of appeals within 30 days of the date of the decision.
Sincerely,

bonrtL

{!aAA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Holmes, David B.

Userteam:

Cite as: Noe Govea-Recendiz, A206 841 626 (BIA June 24, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

GOVEA-RECENDIZ, NOE
A206-841-626
STEWART DETENTION CENTER
146 CCA ROAD, P.O. BOX 248
LUMPKIN, GA 31815

U.S. D,epartment of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 20530

Date:

File: A206 841 626 - Lumpkin, GA

JUN t420t5

In re: NOE GOVEA-RECENDIZ a.k.a. Noel Govea-Recendiz

INTERLOCUTORY APPEAL
ON BEHALF OF RESPONDENT: Sarah W. Owings, Esquire

The Department of Homeland Security has filed an interlocutory appeal from the
Immigration Judge's March 16, 2015, decision granting the respondent's Motion to
Administratively Close Removal Proceedings. The respondent sought administrative closure
pending adjudication by the U.S. Citizenship and Immigration Services (USCIS) of a visa
petition that was filed on the respondent's behalf and for consideration of an 1-60 I A provisional
waiver of unlawful presence, both matters within the jurisdiction of the Department of Homeland
Security to resolve. As noted, the Immigration Judge granted the motion. To avoid piecemeal
review of the multiple queries that may arise during the course of removal proceedings,
ordinarily the Board does not entertain interlocutory appeals. See Matter ofM-D-, 24 l&N Dec.
138, 139 (BIA 2007), and cases cited therein. We have on occasion accepted interlocutory
appeals to address significant jurisdictional questions about the administration of the
immigration laws, or to correct recurring problems in the handling of cases by Immigration
Judges. See, e.g., Matter of Guevara, 20 l&N Dec. 238 (BIA 1990, 1991); Matter of Dobere,
20 I&N Dec. 188 (BIA 1990). The issue of whether the Immigration Judge properly granted the
respondent's Motion does not present a significant jurisdictional question about the
administration of the immigration laws. Nor has it been shown to involve a recurring problem in
Immigration Judges' handling of cases. Thus, the question raised in this interlocutory appeal
does not fall within the limited ambit of cases where we deem it appropriate to exercise our
jurisdiction.
IT IS THEREFORE ORDERED that the record be returned to the Immigration Court without
further action.

FOR THE BOARD

Cite as: Noe Govea-Recendiz, A206 841 626 (BIA June 24, 2015)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN REMOVAL PROCEEDINGS

(' .

Antonini and Cohen

Owings, Sarah Weston Hayes
2751 Buford Hwy., 8th Floor
Atlanta, GA 30324
IN THE MATTER OF
GOVEA-RECENDIZ, NOE

FILE A 206-841-626.

DATE: Mar 16, 2015

UNABLE TO FORWARD - NO ADDRESS PROVIDED

ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. THIS DECISION

IS FINAL UNLESS AN APPEAL.IS FILED WITH THE BOARD OF IMMIGRATION APPEALS
WITHIN 30 CALENDAR DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION.
SEE THE ENCLOSED FORMS AND INSTRUCTIONS FOR PROPERLY PREPARING YOUR APPEAL.
YOUR NOTICE OF APPEAL, ATTACHED DOCUMENTS, AND FEE OR FEE WAIVER REQUEST
BOARD OF IMMIGRATION APPEALS
MUST BE MAILED TO:
OFFICE OF THE CLERK
5107 Leesburg Pike, Suite 2000
FALLS CHURCH, VA 20530

ATTACHED IS A COPY OF THE DECISION OF THE:IMMIGRATION JUDGE AS THE RESULT

OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED DEPORTATION OR REMOVAL HEARING.
THIS DECISION IS FINAL UNLESS A MOTION TO REOPEN IS FILED IN ACCORDANCE
WITH SECTION 242B(c} (3) OF THE IMMIGRATION AND NATIONALITY ACT, 8 U.S.C.
SECTION 1252B(c} (3} IN DEPORTATION PROCEEDINGS OR SECTION 240(c) (6),.
8 U.S.C. SECTION 1229a(c) (6) IN REMOVAL PROCEEDINGS. IF YOU FILE A MOTION
TO REOPEN, YOUR MOTION MUST BE FILED WITH THIS COURT:
/'
_VorHER:

IMMIGRATION COURT
146 CCA ROAD, PO BOX 248
LUMPKIN, GA 31815

Order of the Immigration Judge dtd 3/16/15

FF

Immigrant & Refugee Appellate Center, LLC | www.irac.net

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
146 CCA ROAD, PO BOX 248
LUMPKIN, GA 31815

.,

In the Matter of

IMMIGRATION COURT
146 CCA ROAD, PO BOX 248
LUMPKIN, GA 31815

Case No.: A206-841-626

IN REMOVAL PROCEEDINGS

ORDER OF THE IMMIGRATION JU GE

...5

Immigrant & Refugee Appellate Center, LLC | www.irac.net

GOVEA-RECENDIZ, NOE
Respondent

,.

This is a sununary of the oral decision entered on

This memorandum is solely for the con venien ce of the parti s. If the
proceedings should be appealed or reopened, the oral decision will become
the official opinion in the case.
[ J The respondent was ordered removed from the United States to
or in the alter native to
Respondent's appl ication for voluntary departure was denied an d
respondent was ordered removed to
or in the
alternative to
Responden t's application for voluntary departure was gran ted until
upon posting a bond in the amount of$
with an alternate order of removal to
Respondent's application for:
[ ] Asylum was { )granted
)denied( )withdrawn.
withd
i
r nt
e ie
was
i
'.
::hdr awn: {.}.

:rnt

w
i
d
: :1! : =
[ ] Cancellation of removal under se ction 240A{a) was ( )granted
} denied
( } withdrawn.
Respondent's application for :
[ J Cancellation under section 240A(b} (1) was ( } granted
) denied
( ) withdrawn. If granted, it is ordered that the respondent be issued
all appropriate documents necessar y to give effect to this order.
Cancellation under section 240A{b) (2) was ( )granted ( } denied
( } withdrawn. 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
was ( )granted ( )denied
( )withdrawn. 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
until
As a condition of admission, respondent is to post a$
bond.
Respondent knowingly fi led a frivolous asylum application after proper
notice.
Respondent was advised of the limitation on discretionary relief for
failure to appear as ordered in the Immigration Judge 's ral decision.
[ J Proceedings
terminated.
()<( Other :
Date :

=:

'

ved
Appeal: Waived/R
B

Appeal Due By:

Inunigration'.t1Jii tjge.

I .Jf>/J

io/J'.;