erick guerrero-silva, a071 914 925 (bia may 7, 2013)

7/30/2019 Erick Guerrero-Silva, A071 914 925 (BIA May 7, 2013)

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Mller, Judith SeedsLaw Oce of Judith Seeds Mlle300 18th StreetBakesfield, CA 93301

Name: GUERRERO-SLVA, ERCK

m

Executive Oce r Immgraon Reiew

Board of Immigraion ppealsOce o he Clerk

507 Lbug ik, Si 000Fl C Vg 2204

HS/CE Oce o Chef Counsel - ELC1115 N. Imperal Avel Cento CA 92243

A 071-1425

Date of this notice 5/7/2013

nclosed is a copy of he Board's decson and order n he above-reenced case.

Encosre

Pl b:M A

Sncerey,

D ctDonna Car

Chief Clerk

yg k

Cite as: Erick Guerrero-Silva, A071 914 925 (BIA May 7, 2013)


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US Depaent of usticeExecutive Oce r Imiation Review

Decisio of te Board oaio Appeals

Fas Church, Virginia 2204

Fie: A071 94 925 El Ceno, CA

In re ERCK GUERRERO-SLVA

RMOVAL PROCEDNGS

APPEAL

Date:

ON BEHALF OF RESPONDENT: Judi Seeds Miler Equire

ON BEHALF OF HS:

APPLICATION: Terminaion

Jo D. HollidayAis Chief Counse

MAY -7 20t3

The responden, a naive and ciizen of Mexico and a awl peanent residen of te UniedSates apeal om he miaion Judge's decision daed November 26, 202 nding imremovabe. he responden's appeal wll be dismissed.

The responden's appeal is uimey. The responden' Noice of Appeal om a Deciion ofan Iiaion Judge (Form EOR26) must have been received by his Board win 30 days ofthe miation Judge's decision. 8 CF.R. l 003.38(b), (c). The miation udge's deciionwas daed November 26 2012. Thus he responden's Noice of Appeal was due on WenesdayDecember 26, 202. As e responden's Noice of Appeal was received by this Bod on Friday,

December 27 202 3 day aer the enry of he mgraion Judge' decision, we deem therespondent' appeal uimey

n s motion o accep lateed Noice of Appeal, e reponden counel providedevidence ha she place te reponden's appeal in te hds of an oveght deivery eice onDecember 24 202. Raher th delivering he appeal o the Board on is guaneed deliverydae, which wa December 26 because e inervenng day was Chrias, he delivery eicedelivered the appeal on December 27.

Ahough the Bod' lng deadline is no juridicional in he Ninh Circui, IrgoyenBrones v. Holder 644 3d 943 948 (9 Cir. 201), we decine o use our dicretion to accep

his laeled apeal. Wile he responden missed his appeal deadline by only I day he has noeabised any "rare or "eaordinary evens ha required waiing unil he as day or 2 ofhe manate lng ero ust bere a hiay, a reyng s compeey on he deiverycomy's oveig guaraee The reponden's ituation does no present ecepionalcircumsances. ee Matter ofJ-J, 2 &N Dec. 976 (BIA 1997)

IrgoyenBrones involved a pro se alien who os is ce bere he miaion Judge usbere Chrisas. The court decribed e subequen days and aced he acivies of the aliend his counse in cncuding a "[b]oh clien and aer aced with reasonabe diligence tocompy wih the ling deadline. IrgoyenBrones v. Holder supra a 950 (the deays invovedeveral hoidays, the need r the alien to raie money the aoey liening o apes of he



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71 914 925

herigs d reseching he pplicble l ecessy o ule he oice of ppel dpreped he oice ec.); c Mater of Liadov 23 &N ec. 99 A 26) hodig h asho delay by oveg delivery seice is o re or eordiy eve ha ould cosidero of uimey ppe o ceicio) ad sub nom iadov v Muksey,58 F3d 13 8 Ci. 28).

like he siuaion i Irigoyen-Briones he espodes cousel represeed heespode bere he mmiio Judge d she hs o provided deils regrdig her cliescios or her repesenio oig he mmiio Judges decisio. sho heespode hs o esblished a he d counse ced ih resoble diligece i iigunil he ed of he ig period d relying o he ovegh guee of he deivey seice.

us he migrio Judges decisio is o nd e record il be eed o emmiio Cou iou he cio. See 8 C.F.R 13.3) 13.38 13.39 124.14ad 124.15. Becuse e re dismissig he ppel s uimely eiher p ishig o le moio i his ce shoud llo he oig guidelies f you ish o le moio orecosider challegig he ding h he appel s uimely you mus le your moio hhe ord. Hoeve if you e chllegig y oher dig or seek o reope your case youmus le you moio ih he mmiio Cour. See Matter of adineo 14 &N ec. 591A 974); Mater of opez 22 &N ec. 16 BA 998). You shoud lso keep in mid hhere re sic ime d umber limis o moios o recoside d moios o reope. Seesecions 24c)6)A) & ) d 24c)7)A) & C of he iio d Nioiy Ac8 S.C. 1229c)6)A) & ) d c)7)A) & C; 8 C.FR. 13.2c)2) 13.23b)).

ligh of he regoig he lloig order is eered.

ORR The record is reed o he mmiio Cour ihou he cio

2



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UNTED STTES DEPRTMENT F JUSTC

EXECUTVE FFCE FR GRTN REVEW

UNTED STTES IGRTN CURT

Fi: 0794-92

n h Mar of

ERCK GUERRER-SLV

RESPNDENT

L CNTR, CLFRN

Novmr 6, 202

N REMVL RCEEDNGS

CHRGES ion 23a E , in sggng, igraionand Naionaiy N; odgd harg, ion22 a 2 i , admis onrod ssan offns, N22 a C , iii raffking n a onrod ssan ,N

PPLCTN Trnaion

N EHF F RESPNDENT JUDT SEES MLLE R, ESQURE, 300 8TSTREET, RFLD, CLFRN 9330

N EHL F F DHS JN HLLDY, SQURE, NRTH MRLVENUE, E CENTR, CL FR 92243

RL DECSN F TE MGRTN JUDGE

Rspondn s an ad an who is a nav and iizn

of Mxo, and who has n a ga prmann rsidn o

Unid Sas Th ar s fo afr havng n

andd y an ordr of h oard of ppas of Jn 4, 20


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a prior haring, fond hat Rspondn was rmovab. h

oard dtrind that thr wr isss abo th Rspondnts

"vidn ak of ndrstanding of h nar of h

prodings, so th ar was randd or an vaation of

his optny ndr th frawork of Mattr o M---, 2 &N

D 474 20 .

Th Rspondnts na omptn has n

rassssd. ' prsadd that h Rspondnt is omptnt,

thogh h dos not aways a in his own s intrsts. Th

iss of omptn onrns tiay whthr h an

ndrstand h hargs and onsqns of his aions and an

oopra with his ons in his own dfns. n his as,

th Rspondnt ary in y viw ndrstands th onsqns.

H is, to s h trm, ostinat. H rs th ida tha h

shod ad pon to dfnd hisf agains igration

hargs. Consqnty, h is noopraiv vn in his own

dfns ad dision-aking, howvr, dos no man that h is

a prson who is inoptnt. ndd, think h vidn is

rpt with h instans of his ar ndrstanding of hs

prodings I n th prior haring, h mad oions whih

wr optn obtions H mad omns and obsrvations

whih wr astt in h irstans. His prostaions,

whih h ontins to ak ao not ndrstanding, ar spy

his protstations and his xprssion o otrag of it bing

ad pon o dfnd hisf in sh irsans. Howvr,

O?-94-92 2 Novr 26, 202


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i is pain o m a dos indd undrsand naur of

h prodings of h onsquns of prodings is

a o oopra, houg i sms ha has no n wiing

o radily ap hp of his aorny Thus, h is

ompn.

h mar was again onsidrd vidn in a

nus is a h Rspondn appard a h por of nry

driving is own vhi, wi h ad ownd for 3 yars.

Srd wiin h d of pikup ruk was driving was

mor an kios of marijuana h Rspondn has nvr akn

winss sand o dny ownrsip of i and as rfusd

o sify undr oa pross a h was xonrad in

rimina ours. owvr, h was no xonrad Simply,

as was no pursud H rfuss o no h disinion

wn h rimina prodings and h igraion

prodings. n rimina prodings, h Govrnmn mus

soudr a avy urdn of sowing i is ar yond a

rasonal dou ha h was guiy of his offns n

igraion Cour, h Govrnmn mus sow ihr ha hr is

ar and onvining vidn of his rmovaiiy, or, aus

of pariuar naur of is as, ha as a onsqun of

a, hr is rason o liv ha has n a raffikr

in drugs.

T Rspondn's as on rmand ook a rain wis

appars ha h Rspondn appid for nry was akn

074-2 3 Novr 26, 202


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into stody withot ing admittd H was handd over to th

athorities for prosetion Prosution was dind. H was

returnd to th ustody of th order agnts who thn rasd

him into th Unitd Stats was prsdd thn that th

spondnt was admittd to th Unitd Stts and ths hargs

ndr Stion 22 a 2 od no ongr sstained Th

Govrnmnt had ong go aandond th harg of in smgging.

Th Govrnmnt threfor odgd yet anothr harg n this

hrge, th Govrnmnt sys that th spondent is remova

ase h was inadmissi at th tim of ntry as thre

was reason to iv that h was traffikr in a ontrod

sustane See xhiit 3

timatey, find that this harg an and mst e

sustaind. The spondnt has inded n found to th

driver of his own automoie, whih he ownd for 3 yars.

Thr were mor than kiograms of mariana onead in th

vehi No expanation has en offrd for how that iiit

argo fond ts way into his vehi. Knowdg may reasonay

inferred whn a Respondnt drivs an tomoi adn with

iega sstanes and th mer possssion of sh a qantity of

drgs an support an infren of knowdg See

U S v Qntrorrza, 78 3d 344 9th ir. 99 , ert

denid 7 S t 3 996 . Th nt worth of the payoad n

so prmit an infren of knowdg S v Cstro, 972 2d

07, 9th ir 992

07-94-92 4 Novmr 26, 202


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h Rspndns as ds prsn an nrsng

ssu 's ar ha hr was rasn lv a h

f h spndns arrval ha h had n a raffkr

n drugs Hwvr, wng h fa ha h was susquny

add whn h Gvrnmn dd n pursu a as agans h

afr h rna as was dsssd u nsad allwd h

n h nd Sas, h ssu hn s wh had knw

wha and whn Spfay, nfrman has n knwn

h xanng agns a h rdr whr h Aln sugh

adssn an prprly rvd and nsdrd y h

gran Judg whn drmnng whhr hr was rasn

v h Aln was knwngy ransprng h maruana whn

h arrvd h nd Sas S G-Grnll v Hdr,

64 F 3d 826 9h r 20

Th ssu arss hnk n a slghy dffrn

nx aus h Rspndn was add and nw w us lk

akwards hnk hs akwards lk spy rqurs, hugh,

ha hr has n nfran a h f h Rspndn's

apd nry whh wuld suppr h vw ha hr s

rasn lv ha h'd n a raffkr n a nrlld

susan f urs, suh an nqury ds n rqur ha

hr a nvn n rdr fr h Rspndn fund

rval Lopez-Molina v Ashr, 368 F3d 06, 09 9hCr 2007 ; s als Mar f , 6 &N D 8, 84 A

977

A07-94-92 Nvr 26, 202


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Mh of h Rspondns pros, hogh, s I no,

h nvr ook n oh aay, has bn h h didn s h

sbsn His vis inspion of h sbsn is no of

i onsqn Th iss is whhr h sbsn

xisd nd whhr hr is rason o biv h i did.

Thrs no hng o h drinion ha hr was

rijn, h i fid-sd posiiv, h i wighd or

hn 11 kios. onsqny, prsdd by h offirs

siony nd hir rpors so of rord whih show h hr

wr indd or hn kios of rin fond in h

Rspondns vhi.

Whi i is h brdn of h Govrnn o prov is

s gins h Rspondn, on h Govrnn os forwrd

wih vidn spporing is brdn, hn h Rspondn hs h

brdn of going forwrd wih h vidn o ovro h

vidn agins hi h Rspondn hs offrd nohing Hs

rfsd o sify or k h oh. Consqny, h

Govrns vidn bsiy snds nhngd. This s

igh b in so wys oprd o riving-son-propry

ss. Whi i is indd h Govrnns brdn o show h

h propry is son, h fa h on hs son propry

wiho ny xpnion an b sffiin in h irsns

for inding of gi byond a rsonb dob n his as,

h Rspondn has bn fond o b h drivr of his vhi

dn s i wr wih or hn 1 kios of arijn H

071-42 6 Novbr 26 202


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offers no explanation. He simply complains that the proess is

not fair Therefore, I'm onstrained to find that the

Government has shown by lear and onvining eidene tat there

is indeed reason to believe that the Responden has been an

illiit trafficker in marijuana or has at least been the knowing

aider, abettor, assster, conspirator, or olluder with others

He is therefore removable as charged

The espondent has declined throughout these

proceedings to seek cancelation of remoal At a hearing on

November 26, 2012, muh discussion was had with the espondent

as to the consequenes of what would happen to him While he

acknowledges that deportation means that he will depart to

Mexio and be separated from his family, he neertheless refuses

to undertake any effort to avoid hat consequene Therefore, I

find that in the end he has knowingly, intelligently, and

voluntarily waied the opportunity for canellation of removal

There is no other remedy under the irmstanes

is role in drug traffking means he aks good moral

character See Setion O(f) I NA Lacking good moral

harater, he cannot receive voluntary departure See etion

240B(b INA Furthermore, he annot adust his status because

his involvement in drug smuggling is not a single offense which

involves 30 grams or less o mariuana hus, Section 22(h

could not waive those grounds of inadmissibility I am unaware

of any relief that is available in circumstanes suh as these

07-914-925 7 November 26 2012


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Thror r hvng onsir ll o h vin o ror

whhr suss ov or no us k h ollowing orr:

D

T S HY DD h h sponn mov

from h ni Ss o Mxio on h sis o h lgions

in h rgs n h log hrg xh 3}.

07949

P1oas se th nt pave r 1crc siqaturA W STATNigrion Jug

8 Novr 6, 0


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{

.

/Is//

igration Judge JACK W SAONstatonj on Febrary 13, 2013 at 4:28 PM GMT

A?l-914925 9 Novembe 26 202

erick guerrero-silva, a071 914 925 (bia may 7, 2013)

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