U.S.

Department of Justice
Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk
5/07 Leesburg Pike, Suite 2000
Falls Church. Virginia 22041

DHS/ICE Office of Chief Counsel - CHL

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

Name: MONROY-QUIJADA, LUIS ANGEL

A 206-770-841

Date of this notice: 10/7/2016

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

bon,u., C

l1/v'l.)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Kendall-Clark, Molly

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Luis Angel Monroy-Quijada, A206 770 841 (BIA Oct. 7, 2016)

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Elliott, Carlton Edgar

Axelrod and Associates
635 East Bay Street
ste F
Charleston, SC 29403

...

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A206 770 841 - Charlotte, NC

Date:

OCT - 7 2016

In re: LUIS ANGEL MONROY-QUIJADA

APPEAL
ON BEHALF OF RESPONDENT: Carlton E. Elliott, Esquire
ON BEHALF OF DHS: Scott D. Criss
Assistant Chief Counsel
CHARGE:
Notice: Sec.

2l2(a)(6)(A)(i), l&N Act [8 U.S.C. 1l82(a)(6)(A)(i)] Present without being admitted or paroled

APPLICATION: Continuance
The respondent, a native and citizen of Guatemala, appeals from the Immigration Judge's
March 28, 2016, decision denying his request for a continuance and ordering his removal from
the United States. The Department of Homeland Security opposes the appeal. The record will
be remanded to the Immigration Judge.
We review an Immigration Judge's findings of fact, including credibility determinations,
under a "clearly erroneous" standard. 8 C.F.R. 1003.l(d)(3)(i). We review questions of law,
discretion, and judgment and all other issues in appeals from decisions of Immigration Judges
de novo. 8 C.F.R. 1003.l(d)(3)(ii).
The Immigration Judge did not prepare a separate oral or written decision in this matter
setting forth the reasons for his decision. The explanation of the reasons contained in the
transcript is not sufficient pursuant to our decision in Matter of A-P-, 22 l&N Dec. 468 (BIA
1999), which requires that the record include a complete decision of the Immigration Judge that
clearly separates it from the transcript of the proceedings. Id. at 477. Under these
circumstances, we find it appropriate to remand the record to the Immigration Judge for the
preparation of a full decision setting forth the reasons for the decision including the denial of the
respondent's request for a continuance. Upon preparation of the full decision, the Immigration
Judge shall issue an order administratively returning the record to the Board. The Immigration
Judge shall serve the administrative return order on the respondent and the OHS, and the Board
will thereafter give the parties an opportunity to submit briefs in accordance with the regulations.
Accordingly, the following order will be entered.

Cite as: Luis Angel Monroy-Quijada, A206 770 841 (BIA Oct. 7, 2016)

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

IN REMOVAL PROCEEDINGS

A206 770 841

ORDER: The record is remanded to the Immigration Court for further action consistent with
the foregoing opinion.

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

2
Cite as: Luis Angel Monroy-Quijada, A206 770 841 (BIA Oct. 7, 2016)

 . .....

"' ! ,

.,

In the Matter of

IMMIGRATION COURT
5701 EXECUTIVE CENTER DR. #400
CHARLOTTE, NC 28212
Case No.: A206-770-841
IN REMOVAL PROCEEDINGS

ORDER OF THE IMMIGRATION JUDGE

I/

This is a swrunary of the oral decision entered on 3 / 2.8

.
This memorandurnis solely for the convenience of the parties. If the
proceedings should be appealed or reopened, the oral decision will become
te, official opinion in the case.
[] The responden was ordered rmoved from the United States to
GUATEMALA eF 111 the alteu.atsa. 1, e te
[ ] Respondent's application for voluntary departure was denied and
respondent was ordered removed to GUATEMALA or in the
alternative to
Respondent's application for voluntary departure was granted until
upon posting a bond in the amount of$
with an alternate order of removal to GUATEMALA.
Respondent's application for:
[ ] Asylum was { )granted
}denied( )withdrawn.
[ ] Withholding of removal was ( )granted ( )denied
)withdrawn.
[ ] A Waiver under Section ___ was ( )granted ( )denied ( )withdrawn.
[ ] Cancellation of removal under section 240A{a) was ( }granted ( )denied
( }withdrawn.
Respondent's application for:
Cancellation under section 240A(b)(1) was ( ) granted
) denied
( ) withdrawn. If granted, 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 ( )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 ( f .... 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 filed 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 oral decision.
Proceed'ngs ere terrninat q.
Other:
-1-t,
Date: Mar 28, 2016
1

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MONROY-QUIJADA, LUIS ANGEL

Respondent

Irrunigration Judge

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.

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