VOLUNTARY Depature and Appeals.

burchb1

Registered Users (C)
I received voluntary departure from the IJ, I appealed the decision.. I will check the status of my case from time to time and the recording always read IJ decisions is voluntary departure and my brief and the Government's brief was received and my appeal is pending, I checked it a few days ago and the recording is saying that there is no appeal on my case but I have a master hearing..
I moved so I never received the decision from the BIA, Nor did I receive a notice from the Court for my hearing, I know it's my fault that I never updated my address, However I have since send in a change of address.
I talked to a few lawyers and two didn't know what to think of it, but one said that the BIA has remand my case back to the IJ , but will not give me any more info.. I have not hired a lawyer as I can't afford it.
I have been going through the procedure as pro se.
But I am a little nervous now, as I do not have the letter from the BIA , so I don't know what the decision was.
All of my relatives are Naturalized United States Citizens, meaning my brothers, sisters and my mother I have three US Born Children, 20, 18 and 16yrs old.
I have been in the USA since 1988.

I did ask for Cancellation of removal but the IJ said that I did not qualify for it as I am not a person of good moral character as I pleaded guilty to a bounce check in 2003, plus he wasn't sure when I came into the USA, as he has documented proof that I left in December 2008, although I told him I never left, but couldn't prove it as my passport and my I94 was lost . IJ never give me the opportunity to prove that I have been here continuously for over 10 years, although the Government attorney told him that i did qualify for cancellation of removal, the IJ then brought up the bounce check and he give me voluntary departure instead of deportation.

If the BIA agreed with the IJ , wouldn't they send the case back to the IJ or would it just automatically become a deportation order. But wouldn't the recording say a deportation, and not a Master Hearing.

Will I be arrested and deported when I go to the hearing in two weeks, I just need to know what I am in for , so I can get be ready .

When I was served with the NTA, I posted a bond of $5000 and I posted another bond after I got voluntary departure of $1000.

I have a few questions.
1. Do I just not show up to court and continue living in the USA ( maybe not a smart idea)
2. Should I just pack my bags and leave.
 
Update, I won my appeal for the BIA , the case was send back to the IJ in Buffalo.. I can file for my cancelation of removal now, but I am getting married in about 3 weeks.. my new court date is set for July.
 
glad things are working out for you so well. I would suggest you collect residency records for every 3 months since you break continuous residence with > 90 days. Your next major hurdle is to show "exceptional burden" on behalf of your USC relative if you were removed from the US. You may want to get a psyc eval from a psychiatrist who can write/testify you being away from fam will be a burden to your USC relative.
I am not a lawyer or anything of the sorts but have read enough that CORs can be easily rejected.. if not properly presented.

do keep us informed on your case..
 
Last edited by a moderator:
Top