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Department of Justice
A 205-656-755
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
Don,u_ Ct11Vu
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Mann, Ana
O'Leary, Brian M.
Grant, Edward R.
Userteam: Docket
Date:
APR 2 2 2016
In re: ELIGIO TRUJILLO-MAVIE a.k.a. Eligio Trujillo a.k.a. Eligio Trujillo Mavil
APPEAL
ON BEHALF OF RESPONDENT: David J. Khawam, Esquire
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: None
The respondent appeals from the Immigration Judge's decision dated February 11, 2015,
which ordered the respondent removed from the United States. On appeal, the respondent argues
that the Immigration Judge did not properly advise the respondent of the allegations of fact and
charge of removability in this matter and require that the respondent plead to the Notice to
Appear (Form 1-862). See 8 C.F.R. 1240.10(b)(6) and 1240.lO(c). The respondent contends
that, consequently, the Immigration Judge's finding of removability is without support in the
evidentiary record. The record will be remanded for further proceedings.
We review an Immigration Judge's findings of fact for clear error; but questions of law,
discretion, and judgment, and all other issues in appeals, are reviewed de novo. 8 C.F.R.
1003.l(d)(3)(i), (ii). The record establishes that the Immigration Judge did not require the
respondent to plead to the allegations of fact and charge of removability in the Notice to Appear
(Tr. at 1-3, 6-7, 13-14). Accordingly, the following order will be entered.
ORDER: The record is remanded for further proceedings.
Cite as: Eligio Trujillo-Mavie, A205 656 755 (BIA April 22, 2016)
IN REMOVAL PROCEEDINGS
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IMMIGRATION COURT
970 BROAD STREET, ROOM 1200
NEWARK, NJ 07102