Professional Documents
Culture Documents
Section 101 (a)(43)(G) of the Act, a law relating to a thef ofense (including receipt of
stolen proper) or a burglar ofense for which a term of imprisonment of at least one
year was imposed.
The respondent is currently detained by the Deparment of Homeland Security.
Respondent first appeared before the Cour May 30, 2013. He was given his
statutor advisals at that time. Respondent infrmed the Cour he wanted to speak to
his family. He was given a list of legal serices providers and infrmation on Catholic
Charities and his case was reset for him to speak to his family or use the time as he
wished.
Respondent appeared with counsel before the Cour today June 12, 2013.
At that time, the Cour asked the counsel for respondent if she was prepared to
enter pleadings on his behalf.
Counsel for respondent infrmed the Court that she wanted a continuance in
order to collaterally attack respondent's conviction.
The Court notified respondent's counsel that the Cour does not continue cases
for collateral attacks on convictions.
The respondent's attorney thereafter admited that she was prepared to enter
pleadings on behalf of her client.
Per respondent's attorney, the respondent is not a citizen or national of the
United States. The respondent is a native of Honduras and a citizen of Honduras and
was born in Honduras. Respondent became a legal permanent resident on March 13,
1993, under Section 245 of the Act. The respondent was on April 25, 2012, convicted in
the State Cour of Cherokee County, Georgia, for the ofense of thef by taking in
violation of Section 16-8-2 of the Georgia Code.
Counsel denied respondent was sentenced to 12 months confinement for the
A043-996-234 2 June 12, 2013
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above ofense.
At that time, the Notice to Appear was entered as Exhibit Number 1.
Government Counsel, thereafer, submited the conviction documents for the
respondent's case, which has been marked as Exhibit Number 2.
Third page of that document is clear that the respondent was convicted of thef
by taking after entering a plea of guilty and he was sentenced to 12 months in the
Cherokee County Jail or such other place as Cherokee County may provide for the
county inmates, including the Department of Corrections, at the election of the sherif to
be computed as provided by law.
The document went on to say that, however, it is furher ordered that the service
of days, months and the remainder of said sentence may be served on probation.
The section for how many days or months might be sered on probation was lef
blank.
Therefore, from the face of the documents, the respondent was sentenced to 12
months in the Deparment of Corrections fr Cherokee County, Georgia.
On the next page it appears that the document reflects that afer six months, the
respondent's sentence might be terminated, however, the respondent was definitely
sentenced to a confinement of 12 months. Therefore, based on Exhibit Number 2, the
Cour sustained allegation number 5 and the charge puruant to Section 237(a)(2)(A)(3)
of the Act.
The Cour thereafer asked the respondent's counsel what relief was available to
the respondent and she replied there was no other relief available to him besides a
collateral atack on his conviction.
The Cour, thereafer, asked the Government Counsel what relief was available
to the respondent and she answered none that she could see.
A043-996-234 3 June 12, 2013
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There being no relief available to the respondent except for a collateral attack on
his conviction to which he pied guilty, the Cour will deny a furher continuance of this
case.
The legal standard fr continuances is contained in 8 C.F.R. Section 1003.29.
That section provides as follows: the Immigration Judge may grant a continuance for
good cause shown. Matter of Sibrun, 18 l&N Dec. 354 (BIA 1983).
The Cour in this case has considered the guidelines of Matter of Sibrun, also
Matter of Hashmi, 24 l&N Dec. 785 (BIA 2009), and also Matter of Cezareo Sanchez
Sosa, 25 l&N Dec. 807 Int. Dec. 375, (BIA 2012), Westlaw 2068680, BIA.
The Cour has considered that the Deparment of Homeland Security objects to
any furher continuance of this case.
Whether or not the collateral attack would have any efect on the respondent's
conviction is unknown to the Court and has not even been filed yet.
The respondent's statutory eligibility for any form of relief under the INA has not
been identified by respondent's counsel to this Cour. Therefore, his ability to have
relief from removal is unknown to the Cour at this time.
Whether the respondent's application when it is filed with a State Cour merits a
favorable exercise of discretion is totally unknown to this Cour and outside of this
Cour's jurisdiction.
And, finally, the reason for the continuance is as stated by respondent's counsel
to collaterally attack his conviction.
As that is the sole reason for the continuance, the Cour will deny the motion to
continue this case in order for respondent's counsel to at some point collaterally attack
his underlying conviction. The respondent is held in the custody of the Deparment of
Homeland Securit at the Stewar Detention facility.
A043-996-234 4 June 12, 2013
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ORDER OF THE COURT
IT IS HEREIN ORDERED that the respondent's request for a continuance is
denied.
signature
A043-996-234
Please see the next page for electronic
SAUNDRA D. ARRINGTON
Immigration Judge
5 June 12, 2013
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" . , . ,
/Is//
Imigration Judge SAUNDRA D. ARRINGTON
arringts on August 9, 2013 at 12:10 PM GMT
A043-996-234 6 June 12, 2013
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