Elsaid Elsayed Elkenawi, A088 426 340 (BIA Mar. 26, 2012)

SPIRO SERRAS, ESQUIRE
Wilkens & Baker, P.C.

450 7th Avenue, 12th Floor
New York, NY 10123-0004
Name: ELKENAWI, ELSAID ELSAYED
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 leesb11rg Pike, S11ite 2000
Falls Ch11rch, Vrginia 22041
OHS/ICE Ofice of Chief Counsel ELP
1545 Hawkins Blvd.
EI Paso,TX 79925
A088-426-340
Date of this notice: 3/26/2012
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Adkins-Blanch, Charles K.
Sincerely,
Donna Carr
Chief Clerk
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Cite as: Elsaid Elsayed Elkenawi, A088 426 340 (BIA Mar. 26, 2012)
For more unpublished BIA decisions, visit www.irac.net/unpublished
U.S. Department of Justice
Exeutive Ofce fr Imigration Review
Decision of the Board of Imigration Appeas
Falls Church, Virginia 2201
File: A088 426 340 - El Paso, TX
I re: ELSAI ELSAYED ELKENA W
I REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Spiro Seras, Esquire
ON BEHALF OF DHS: Michael Pieters
Assistat Chief Counsel
APPLICATION: Continuance
Date:
MR J
62012
The record will be remanded. According to the transcript of the frst heaing on June 17, 2008,
the court asked the respondent ifhe had a copy of the Notice to Appear. The Immigation Judge then
continued proceedings to allow the respondent to review the allegations and charge of removability
befre proceeding to the possibilityofrelieffom removal (Tr. at 3-4). However, no actual pleadings
to the Notice to Appea were ever taken at the continued hearing on October 7, 2008, or anytime
thereafer. On appeal, the respondent asserts the record does not establish his removability by clear
and convincing evidence, and te Immigation Judge also did not fnd him removable on the record.
See also Motion fr Change of Venue (respondent did not admit allegation 4).
Since the record fails to contain the respondent's pleadings to the NTA, it will be reted to the
Imigation Judge fr fer proceedings and fr te entry of a new decision limited to the issue
ofremovability. Upon prearation of a new decision, the Immigration Judge shall issue an order
adminstatively reting te record to the Board. The court shall sere the administative retur
order on both paies, ad tey will be aforded a opporunty to submit new briefs to the Board, as
provided by regulation.
ORER: The record is reted to the Immigation Court fr frther action as necessar.

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Cite as: Elsaid Elsayed Elkenawi, A088 426 340 (BIA Mar. 26, 2012)
W
UITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMIGRTION REVIEW
UNITED STATES IMMIGRATION COURT
El Paso, Texas
File No.: A 088 426 340
In the Matter of
ELSAID ELSAYED ELKENAWI
Respondent
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)
March 25, 2010
IN REMOVAL PROCEEDINGS
CHARGE: Section 237(a) (1) (B) of the Immigration Act, non
immigrant that has stayed in the United States for
a time longer than permitted.
APPLICATIONS: None presented.
ON BEHALF OF RESPONDENT:
Sami.Beshay, Attorney
New York, New York
ON BEHLF OF DHS:
Michael Pleters
Assistant Chief Counsel
Homeland Security
El Paso, Texas
ORAL DECISION OF THE IMIGRTION JGE
The respondent is a 44-year-old married male, native and
citizen of Egypt. On Novemer 5, 2007, the Department of
Homeland Security issued a Notice to Appear, Exhibit 1, charging
that the respondent be removed from the United States under the
provisions of Section 237(a) (l
} (B}
of the Immigration and
Nationality Act, as a non-immigrant that has remained in the
W
United States for a time longer than permitted.
The respondent, through counsel, admitted the factual
allegations ard conceded the charge of removability. Based on
those admissions and concessions, the Court was satisfied the
A 088 426 340 1 March 25, 2010
VV v v v v rrrrrr T
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respondent was removable, as charged, and so did find. Egyt
will be directed as the country of removal.
The respondent, during the course of the hearing, through
counsel, had asked for several continuances. Those continuances
focused, in part, on the respondent's applications relating to an
I-290 process. Apparently, the respondent was trying to obtain a
imigrant petition. The Court provided continuances for that
purpose. It is noted that the case has been on the calendar in
Immigration Court since January 2008.
In the fall of 2009, the respondent, apparently, had his
appeal denied by the Bureau of Citizenship Immigration Services.
The case was continued, once again, prior to today's date,
because the respondent's counsel indicated the respondent would
like to seek, at least, voluntary departure.
On today's date, the respondent's counsel indicated that his
client no longer chose voluntary departure or seeks any form of
relief, but instead, would ask for a continuance to see if, in
fact, there could be some other petitions filed on his behalf.
There appears to be no pending petitions that the Court believes
would serve justice in having the case further continued,
therefore, further continuances were denied.
The Court confirmed with respondent, directly, that he did
not wish to seek any relief from removal but, again, wanted to be
able to still remain in the United States.
Since there is no relief filed before this Court and no
A 088 426 340 2 March 25, 2010
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justified reason was found to continue the case the Court will,
therefore, then issue an order of removal in this case.
ORDER
IT IS HEREBY ORDERED, therefore, that the respondent be
removed from the United States to Egypt on the charge contained
on the Notice to Appear.
A 088 426 340
3 March 25, 2010
W . f v x T fWP . .. . WW M . . . . . . . . ... . . . . . . .. T..O. . ... ..33 . ..
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CERTIFICATE PAGE
I hereby certify that the attached proceeding before
JUDGE ROBERT s. HOUGH, in the matter.of:
ELSAID ELSAYED ELKENAWI
A 088 426 340
El Paso, Texas
is an accurate, verbatim transcript of the recording as provided by
the Executive Office for Immigration Review and that this is the
original transcript thereof for the file of the Executive Office
for Immigration Review.
/. f /
Linda M. Barnett, Transc
ber
Free State Reporting, Inc.
May 31, 2010
(completion date)
By submission of this CERTIFICATE PAGE, the Contractor certifies
that a Sony BEC/T-147, 4-channel transcriber or equivalent, and/or
CD, as described in Section C, paragraph C.3.3.2 of the contract,
was used to transcribe the Record of Proceeding shown in the above
paragraph.
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Wilkens & Baker, P.C.

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