U.S.

Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals

Qffice of the Clerk

5 !07 Leesburg Pike, Suite 2000

Falls Church, Virginia 22041

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

Jasso, Jaime DHS LIT.Nork Co. PrisonNOR
Law Office of Jaime Jasso 3400 Concord Road
Post Office Box 3664 York, PA 17402
Westlake Village, CA 91359-0664

Name: JARAMA, MILTON MODESTO A 073-576-642

Date of this notice: 3/28/2017

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

Sincerely,

Cynthia L. Crosby
Acting Chief Clerk

Enclosure
Panel Members:
O'Connor, Blair
Wendtland, Linda S.
Pauley, Roger

Userteam: Docket

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Cite as: Milton Modesto Jarama, A073 576 642 (BIA March 28, 2017)
LLJ?ZWZG J Q fa -ti:4:&. a
 U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk

5107 Leesburg Pike, S11Ue 2000

Falls Church. Virg;n;a 22041

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JARAMA, MILTON MODESTO DHS LIT.Nork Co. PrisonNOR
A073-576-642 3400 Concord Road
LUZERNE COUNTY PRISON York, PA 17402
99 WATER STREET
WILKES-BARRE, PA 18702

Name: JARAMA, MIL TON MODESTO A 073-576-642

Date of this notice: 3/28/2017

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,
/7
{j/J..:_
(_,

Cynthia L. Crosby
Acting Chief Clerk

Enclosure
Panel Members:
O'Connor, Blair
Wendtland, Linda S.
Pauley, Roger

Userteam:

Cite as: Milton Modesto Jarama, A073 576 642 (BIA March 28, 2017)
 .
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U.S. Department of Justice Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A073 576 642- York, PA Date:

In re: MIL TON MODESTO JARA.MA MAR 2 8 2017

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IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Jaime Jasso, Esquire

ON BEHALF OF DHS: Alice Song Hartye

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: Voluntary departure

The respondent, a native and citizen of Ecuador, appeals from the Immigration Judge's
October 20, 2016, decision. 1 In that decision, the Immigration Judge granted the respondent
voluntary departure under section 240B(a) of the Immigration and Nationality Act, 8 U.S.C.
§ 1229c(a). The respondent's request for oral argument is denied. The record will be remanded.

On appeal, the respondent argues that he did not knowingly and intelligently waive his right
to appeal when his prior counsel accepted pre-conclusion voluntary departure on his behalf.
Specifically, the respondent alleges that his prior counsel failed to advise him of his eligibility
for adjustment of status.

We conclude that remand of the record is warranted. The record reflects that the
Immigration Judge never raised the issue of appeal or discussed on the record that the respondent
would be waiving his right to appeal by accepting pre-conclusion voluntary departure (Tr.
at 58-61). See Matter of Ocampo, 22 I&N Dec.1301 (BIA 2000) (holding that voluntary
departure cannot be granted prior to the conclusion of removal proceedings without an express
waiver of the right to appeal by the alien or the alien's representative); see also section 240(c)(5)
of the Act (stating that "[i]f the immigration judge decides that the alien is removable and orders
the alien to be removed, the judge shall inform the alien of the right to appeal that
decision ...."). Since the respondent never expressly waived his right to appeal, we conclude
that remand of the record is warranted for the Immigration Judge to reassess the respondent's
1
We note that the respondent's brief was initially rejected, but his resubmitted brief and motion
to remand was accepted on March 13, 2017.

Cite as: Milton Modesto Jarama, A073 576 642 (BIA March 28, 2017)
• •• <

A0�3 576 642

eligibility for relief. Because we conclude that remand of the record is necessary based on the
aforementioned grounds, we need not address whether the respondent established that remand of
the record is warranted because his prior counsel engaged in ineffective assistance of counsel.

Accordingly, the following orders will be entered.

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ORDER: �e appeal is sustained, and the Immigration Judge's October 20, 2016, decision is
vacated.

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

2
Cite as: Milton Modesto Jarama, A073 576 642 (BIA March 28, 2017)
 �--·

IMMIGRATION COURT
3400 CONCORD ROAD, SUITE 2
YORK, PA 17402
In the Matter of
Case No.: A073-576-642
JARAMA, MILTON MODESTO
Respondent IN REMOVAL PROCEEDINGS

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

ORDER OF THE IMMIGRATION JUDGE

This is a summary of the oral decision entered on20 oa-/ fa

This memorandum is solely for the convenience of the parties. If the
proceedings should be appealed or reopened, the oral decision will become
the official opinion in the case.
[ ] The respondent was ordered removed from the United States to
ECUADOR or in the alternative to .
J Respondent's application for voluntary departure was denied and
respondent was ordered removed to ECUADOR or in the
alternative to .
Respondent's applicatio_n for voluntary de granted ntil
upon posting a bond iri the amount of$ ---;;..+:-­ r
� with an alternate order of
Respondent's application for:
c,H··
[ ] Asylum was ( }granted )denied( )withdrawn. I (-�I_,/ '1
[ J 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.
�f;�p,q.rn:l�mt \ � �pplication for:
[ ·· 1·· �ancellation 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 ( ) 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.
Re��?��ent ��� ���!§�� � f !h� }im!!sti8R 8TI 8i§E-@ti8H&fy I�lie± f8r
failure to appear as ordered in the Immigration udge's oral decision.
Proceedings wer termif\a.t�d.
Other: � O'f'\/ ( t,, ( \ J:;.
Date: Oct 20, 2016

Immigration Judge
Appeal Due By:

fl-z_1 -I 0

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