Elan Baret, Esquire

Gerstein & Baret, PL

3007 W. Commercial Blvd, Ste.105
For Lauderdale, FL 33309-8501
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Chief Clerk
5 I 07 Leesburg Pike, Suite 2000
Fals Church, Virginia 20530
OHS/ICE Ofice of Chief Counsel - BTC
3900 Power Line Road
Pompano Beach, FL 33072
Name: RENDON-ZAMBRANO, FRANKIE EDUARDO A206-037-021
Date of this Notice: 5/12/2014
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Guendelsberger. John
Sincerely,
Donna Carr
Chief Clerk
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Frankie Eduardo Rendon-Zambrano, A206 037 021 (BIA May 12, 2014)
RENDON-ZAMBRANO, FRANKIE EDUARDO
A206-037-021
3900 NORTH POWERLINE RD
POMPANO BEACH, FL 33073
U.S. Department of Justice
Executive Offce fr Immigration Review
Board of Immigation Appeals
Ofce of the Chief Clerk
5 I 07 Leesburg Pike. Suite 2000
Fals Church, Virginia 20530
OHS/ICE Office of Chief Counsel - BTC
3900 Power Line Road
Pompano Beach, FL 33072
Name: RENDON-ZAMBRANO, FRANKIE EDUARDO A206-037-021
Date of this Notice: 5/1212014
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.
Enclosure
Panel Members:
Guendelsbergerl John
Sincerely,
Donna Carr
Chief Clerk
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Cite as: Frankie Eduardo Rendon-Zambrano, A206 037 021 (BIA May 12, 2014)
U.S. Department of Justice
Eecutive Ofce fr Iigton Review
FaChuh, Vigia 20530
File: A206 037 021 -Pompao Beach, FL
I re: FRAKE EDUADO RENDON-ZAMBRANO
I REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Bla Baret, Esquire
ON BEHALF OF OHS:
APPLICATION: Reopeing
Robe D' Adao
Assistnt Chief Counsel
Decision of te Boad of I igation Appeals
Date:
MAY 12 2014
Te respondet, a natve ad citize of Ecuador, apeas te decision of te I igaton
Judge, dated Mach 4, 2014, denying his motion to reopen. Te Deaent of Homelad
Seurity ("DHS") is opposed to the respondent's appeal.
We review Imigation Judges' fndings of fct fr clea eror, but questons of law,
discetion, ad judgent, ad all oter issues in appeals, de novo. 8 C.F.R. 1003.l{d)(3).
Te respondent seeks reopening in order to eventually pursue a request fr adjustet of
status uder section 245(a) of the Imigation ad Nationality Act, 8 U.S.C. 1255(a). See
Matter of Velarde, 23 I&N Dec. 253 (BI 2002). Te Immigation Judge propely deied te
respondent's motion because, at te time of fling, te respondent was not te benefciay of a
peding immigant visa petition. 1
On appeal, the respondent has presented evidence tat he is now te benefciay of a peding
immigat visa petition which was recently fled by his United States citize spouse. Based upon
a consideation of the recrd as a whole, we conclude that te respondent ha now preseted
sufcient evidece to warat reopened ad readed proceedings in orde fr him to reuest a
cntinuce while United States Citzenship ad Imigation Serices adjudicate te petiton.
See Matter of Hashmi, 24 I&N Dec. 785 (BIA 2009); Matter of Velarde, supra. Upon remad, it
will be te respondent's burden to demonstate that "good cause" exists fr a cntinuace. See
8 C.F.R. 1003.29, 1240.6. At te present time, we express no opinion regading the ultmate
outcme of tese proceedngs. See Matter of L-0-G-, 21 l&N Dec. 413 {BIA 1996).
1 The Imigation Judge ered in stating tat "[t]he respondet is now subject to a 10 yea ba
fr faling to dea as required by the voluntay deare order of 01128/2014" (I.J. at 1). Hee,
as the respondent fle his motion to repen witin te volutay deae perod, te peates
fr faling to dea voluntay under seton 240B(d) of te Act, 8 U.S.C. 1229c(d), ae not
applicable. 8 C.F.R. 1240.26(b)(l){iii), (e)(l); Dada v. Mukey, 554 U.S. 1 (2008).
Howeve, upon fling hs motion to reope, the respondet becae immedately aenable to te
atete orde of reova to Ecuaor. 8 C.F.R. 1240.26()(l)(iii), (e){l).
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Cite as: Frankie Eduardo Rendon-Zambrano, A206 037 021 (BIA May 12, 2014)
A206 03. 021
For the reasons set frt above, te fllowing order is etered.
ORDER: Te .Imigation Judge's orde of reova, enteed automatically upon te
resond
e
t's fling of te motion to reope, is vacated, tese reova proceedings ae reopeed,
ad te record is remaded to te Imigaton Cou fr fer proceedings ad te ety of a
new decision. 2
2 Te record refects tat, on Mach 12, 2014, te DHS gated te respondet a sy of reova
ude te provisions of section 241(c)(2) of te Act, 8 U.S.C. 123 l(c)(2). Howeve, a a result
of ts deision, te repondent is no longe subject to a fal order of reoval.
2
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Cite as: Frankie Eduardo Rendon-Zambrano, A206 037 021 (BIA May 12, 2014)
Gerstein and Baret PL
Baret, Elan I
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
3900 POWERLINE ROAD
POMPANO BEACH, FL 33073
3007 West Comercial Blvd Suite 105
Fort Lauderdale, FL 33309
IN THE MATTER OF FILE A 206-037-021 DATE: Mar 4, 2014
RENDON-ZAMBRANO, FRANKIE EDUARDO
TO FORWARD - NO ADDRESS PROVIDED
IMMIGRATION JUDGE. THIS DECISION
IS FINAL UNLESS AN APPEAL IS FILED WITH THE BOARD OF IMIGRATION APPEALS
ITHIN 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
MUST BE MAILED TO: BOARD OF IMMIGRATION APPEALS
OFFICE OF THE CLERK
5107 Leesburg Pike, Suite 2000
FALLS CHURCH, VA 20530
ATTACHED IS A COPY OF THE DECISION OF THE IMIGRTION 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:
OTHER:
IMMIGRATION COURT
3900 POWERLINE ROAD
POMPANO BEACH, FL 33073
COOR
IMMIG
CC: D'ADAMO, ROBERT
3900 N. Powerline Road
pompano bch, FL, 33073
FF
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In the Matter of:
U. S. DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
3900 POWERLINE ROAD
POMPANO BEACH, FL 33073
Case No. : A206-037-021
RENDON-ZAMBRNO, FRNKIE EDUARDO
RESPONDENT
Docket: BROWARD TRNSITIONAL CENTER
IN REMOVAL PROCEEDINGS
WRITTEN DECISION AND
ORDER OF THE IMIGRATION JUDGE
The respondent has applied for a stay of REMOVAL in
connection with a Motion to Reopen.
Upon consideration of the representations and submissions made by and on
behalf of the respondent and the Department of Homeland
Security, it is HEREBY ORDERED that the application for a stay of
REMOVAL
be granted, to be effective until determination of the Motion to
Reopen.
be denied. In this case, the respondent who was represented by
counsel made a conscious decision to accept voluntary departure as
his sole form of relief from removal. The Court carefully
explained voluntary departure to the respondent and he accepted
the decision as final. The respondent has failed to meet the
heavy burden required to warrant reopening the proceedings. See,
Matter of Coelho, 20 I&N Dec 464 (1992). The respondent is now
subject to a 10 year bar for failing to depart as required by
the voluntary departure order of 1/2
REX J. FORD
Imigration Judge
Date: Mar 4, 2014
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. ., ..
In the Matter of:
. -
U.S. DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
3900 POWERLINE ROAD
POMPANO BEACH, FL 33073
Case No.: A206-037-021
RENDON-ZAMBRANO, FRNKIE EDUARDO
Docket: BROWARD TRANSITIONAL CENTER
RESPONDENT
IN REMOVAL PROCEEDINGS
WRITTEN DECISION AND
ORDER OF THE IMMIGRATION JUDGE
Upon consideration of RESPONDENT's
( ) Motion to Reconsider an Inigration Judge's decision
Motion to Reopen proceedings
filed in the above entitled matter, it is hereby ordered that the motion:
Be DENIED. In this case, the respondent represented by Counsel,
appeared, admitted the allegations on the NTA and requested voluntary
departure as his sole form of relief from removal and waived appeal.
The respondent was advised both orally and in writing of the
consequences of failing to depart as well as the consequences of filing
any motion to reopen. On February 25, 2014, the respondent through
TO:
DATE:
new counsel filed a motion to reopen. OHS has submitted a written
response in opposition to the motion. The motion is DENIED. Here, the
has no relief other than voluntary departure. In this case, the
respondent has failed to comply with Matter of Lozada, 19 I&N Dec 637
(1988}, and accordingly, his arguments regarding prior counsel lack
merit. Accordingly, the motion is DENIED. The respondent is now
under an order of removal for failing t e as indicated in the
order of 1/28/2014.

REX J. FORD
Inigration Judge
Date: Mar 4, 2014
OHS
Other
Form EOIR 2 - 2T
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