Matter of VELASCO, 25 I&N Dec. 143 (BIA 2009)
November 23, 2009 by Thomas Esparza
Filed under Attorneys
(1) The voluntary departure regulations at 8 C.F.R. § 1240.26(c)(4), Nt. (2009), which took effect on January 20, 2009, and superseded Matter of Diaz-Ruacho, 24 I&N Dec. 47 (BIA 2006), do not apply retroactively.
(2) Where an Immigration Judge granted voluntary departure prior to January 20, 2009, and the alien failed to timely post the voluntary departure bond required by section 240B(b)(3)of the Immigration and Nationality Act, 8 U.S.C. § 1229c(b)(3) (2006), the former regulatory scheme, as interpreted in Matter of Diaz-Ruacho, remains applicable, and the penalties imposed by section 240B(d)(1) for failure to depart within the voluntary departure period do not apply.
(3) Pursuant to 8 C.F.R. § 1240.26(c)(3)(ii), Nt., a voluntary departure order entered by an Immigration Judge on or after January 20, 2009, will not be reinstated by the Board of Immigration Appeals in its final order on appeal unless the alien provides the Board,
within 30 days of filing the appeal, sufficient proof that the voluntary departure bond was timely posted with the Department of Homeland Security.
Cimt no matter what shoots down a cancellation of removal application
November 23, 2009 by Thomas Esparza
Filed under Attorneys
Matter of Gabriel ALMANZA-Arenas, Respondent
File A078 755 092 – San Diego, California
Decided April 13, 2009
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
(1) An alien whose application for relief from removal was filed after the May 11, 2005,
effective date of the REAL ID Act of 2005, Division B of Pub. L. No. 109-13, 119 Stat.
231 (“REAL ID Act”), has the burden to prove that he satisfies the applicable eligibility
requirements and merits a favorable exercise of discretion under section 240(c)(4)(A) of
the Immigration and Nationality Act, 8 U.S.C. § 1229a(c)(4)(A) (2006), and must provide
corroborating evidence requested by the Immigration Judge pursuant to section
240(c)(4)(B), unless it cannot be reasonably obtained.
