,

U.S. Department of Justice

Executive Office for Immigration Review
Board ofImmigration Appeals
Office ofthe Clerk
5107 Leesburg P;ke. Suite 2000
Falls Church, Virginia 20530

DHS/ICE Office of Chief Counsel - SDC

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

Name: PORTILLO PORTILLO, ADALBE...

A 094-47 4-552
Date of this notice: 6/30/2015

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

DorutL c

tVvi)

Donna Carr
Chief Clerk
Enclosure
Panel Members:

Malphrus, Garry D.
Mann, Ana
Mullane, Hugh G.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Pedro Adalberto Portillo Portillo, A094 474 552 (BIA Jan. 30, 2015)

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

Sessoms, Kamala W.
Sessoms & Virguez, LLC
2801 Buford Highway
Suite 160
Atlanta, GA 30329

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals
Office ofthe Clerk
5/07 leeshurg Pike. Suite 2000
Falls Church, Virginia 20530

Name: PORTILLO PORTILLO, ADALBE...

A 094-47 4-552

Date of this notice: 6/30/2015

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,

DCrutL

l1/v'L)

Donna Carr
Chief Clerk
Enclosure
Panel Members:

Malphrus. Garry D.
Mann. Ana
Mullane, Hugh G.

Userteam:

Cite as: Pedro Adalberto Portillo Portillo, A094 474 552 (BIA Jan. 30, 2015)

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

PORTILLO PORTILLO, ADALBERTO PEDRO DHS/ICE Office of Chief Counsel - SDC

A094-474-552
146 CCA Road, P.O.Box 248
Lumpkin, GA 31815
OIC WILLIAM MCMINN
STEWART DETENTION FACILITY 146 CCA
ROAD
LUMPKIN, GA 31815

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board oflmmigration Appeals

Falls Church, Virginia 20530

File: A094 474 552-Lumpkin, GA

Date:

JUN 30 20f5

In re: PEDRO ADALBERTO PORTILLO PORTILLO

APPEAL
ON BEHALF OF RESPONDENT: Kamala W. Sessoms, Esquire
ON BEHALF OF OHS:

R. Reid McKee
Assistant Chief Counsel

CHARGE:
Notice: Sec.

212(a)(6)(A)(i), I&N Act [8 U.S.C. 1182(a)(6)(A)(i)] Present without being admitted or paroled

APPLICATION: Temporary Protected Status

The respondent, a native and citizen of El Salvador, has appealed the Immigration Judge's
October 2, 2014, decision finding the respondent removable and denying his request for
voluntary departure. We requested that the parties file supplemental briefs regarding whether
N.C. Gen. Stat. 14-27.SA constitutes an aggravated felony and whether the respondent is
statutorily eligible for temporary protected status ("TPS" ). The record will be remanded to the
Immigration Judge.
We review for clear error the findings of fact, including credibility determinations, made by
the Immigration Judge. 8 C.F.R. 1003.l(d)(3)(i). We review de novo all other issues,
including whether the parties have met the relevant burden of proof, and issues of discretion.
8 C.F.R. 1003.l(d)(3)(ii).
On appeal, the Department of Homeland Security ("DHS") concedes that
N.C. Gen. Stat. 14-27.SA does not constitute an aggravated felony under the Act, which was
the apparent basis upon which USCIS had revoked TPS. Thus, we will remand to give the
respondent the opportunity to seek review of his application before the Immigration Judge de
novo and to establish his eligibility for TPS. Matter ofLopez-Aldana, 25 I&N Dec. 49 (BIA
2009). Based on the foregoing, we will remand the record to the Immigration Judge for purposes
of the respondent's TPS application.
In view of the foregoing, the following order will be entered.

Cite as: Pedro Adalberto Portillo Portillo, A094 474 552 (BIA Jan. 30, 2015)

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IN REMOVAL PROCEEDINGS

....

..- .

...

A094 474 552

ORDER: The record will be remanded to the hnmigration Judge for further proceedings
consistent with the foregoing opinion and for the entry of a new decision.

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2
Cite as: Pedro Adalberto Portillo Portillo, A094 474 552 (BIA Jan. 30, 2015)

October 2, 2014

File: A094-4 74-552

In the Matter of
)
ADALBERTO PEDRO PORTILLO PORTILLO )
)
RESPONDENT
)

IN REMOVAL PROCEEDINGS

CHARGES:

Section 212(a)(6){A}(i} of the Immigration & Nationality Act, as

amended, in that you are an alien present in the United States
without being admitted or paroled or who arrived in the United
States at any time or place other than as designated by the
Attorney General.

APPLICATIONS:

Desire to appeal.

ON BEHALF OF RESPONDENT: PRO SE

ON BEHALF OF DHS: REID MCKEE, Assistant Chief Counsel

DECISION OF THE IMMIGRATION JUDGE

Respondent is a male native and citizen of El Salvador. Respondent arrived in
the United States at or near an unknown place, on or about sometime in 1998.
Respondent was not then admitted or paroled after inspection by an Immigration officer.
The Department of Homeland Security (Department or OHS} placed respondent
in removal proceedings through the issuance of a Notice to Appear (NTA) dated August
26, 2014. The Department charged respondent with removability pursuant to Section

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

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
LUMPKIN, GEORGIA

212(a)(6}(A)(i) of the Immigration & Nationality Act, as amended, in that he is an alien

present in the United States without being admitted or paroled or who arrived in the

At a Master Calendar hearing September 17, 2014, the respondent informed the
Court of the following.
Respondent said he had an attorney named Felix.
Respondent said that he entered the United States in 1998, and it was noted that
his temporary protected status had been revoked by U.S.-CJ.:.S.
It became apparent to the Court through testimony and evidence that the
respondent had been convicted of sexual battery, that had been a plea bargain wherein
the respondent pied to the lesser included of indecency with a child. Respondent
testified that he was 32 years old at the time of the event and his victim was ten years
old. When asked who she was he said "she was nothing". The respondent told the
Court that he had been on the internet. It is the opinion of the Court that he was trolling
the internet looking for a child victim.
The respondent was next before the Court September 24, 2014. At that time the
respondent still did not have an attorney. The respondent's attorney had represented
him in a bond hearing only.
At that time the respondent asked for more time to find an attorney based on the
fact that his wife is a United States citizen. The Court would note that his wife has
never appeared in this Court.
Today is the 10th day of October 2014, and the respondent appears again, once
again, without attorney.
The respondent admitted and conceded that he is not a citizen or a national of
the United States, that he is a native of El Salvador and a citizen of El Salvador, that he
A094-474-552

;;,

October 2, 2014

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

United States at any time or a place other than as designated by the Attorney General.

crossed the border into the United States in 1998.

The respondent also admitted and conceded to the fact that he was not then

United States illegally.

EVIDENCE
In this case the evidence is as follows. Exhibit No. 1 is the Notice to Appear.
Exhibit No. 2 is the 1-213, wherein it is evidence that the respondent was charged
with two counts of indecent liberties with a child in Nicklebury County, North Carolina,
and that on June the 30th, 2014, he pied guilty to one count of sexual battery, was
sentenced to 30 days confinement and ten years to be a registered sex offender.
Exhibit No. 3 is a copy of the United States Citizenship and Immigration Services
notice that based on his conviction, a notice of intent to terminate his TPS based on his
sexual battery conviction and Exhibit No. 4 is the conviction document for sexual
battery.
The respondent has been convicted of a crime under Section 212(ij)(2) which is
a statutory bar to cancellation of removal for non-legal permanent residents.
This Court would not grant voluntary departure, even under safeguards to this
respondent as a matter of discretion based on his sexual battery conviction and most
importantly based on the fact that he was trolling the internet at age 32. His victim was
ten years old and his response to the Court that :she was nothing:.
Therefefeafter. the respondent answered the questions that he has no fear of
return based on race, religion, nationality, political opinion or membership in a particular
social group. That being the case there is no relief available for the respondent.
Accordingly the Court enters the following order.
ORDER
A094-47 4-552

October 2, 2014

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

admitted or pa.roled after inspection by an Immigration officer and that he is in the

That the Department has sustained the charges of removability.

That the respondent is not granted pre-conclusion voluntary departure based on

IT IS FURTHER ORDERED that the respondent is ordered returned to his native

country of El Salvador.

Please see the next page for electronic

signature

A094-474-552

SAUNDRA D. ARRINGTON DEMPSEY

Immigration Judge

October 2, 2014

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his sexual battery conviction.

//s//

Immigration Judge SAUNDRA D. ARRINGTON

A094-474-552

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

arringts on overnber 14, 2014 at 2:22 PM GMT

October 2, 2014.