U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk

5107 Leesburg Pike, Suite 1000 Falls Clrurclr, Virginia 2104/

MANUEL SILVA, JOSE A019-321-130 26 LONG POND ROAD PLYMOUTH, MA 02360

OHS/ICE Office of Chief Counsel - BOS P .0. Box 8728 Boston, MA 02114

Immigrant & Refugee Appellate Center | www.irac.net

Name: MANUEL SILVA, JOSE

A019-321-130

Date of this notice: 11/30/2011

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

Donna Carr Chief Clerk

Enclosure

Panel Members: Greer, Anne J. Mullane, Hugh G. Pauley, Roger

Cite as: Jose Manuel Silva, A019 321 130 (BIA Nov. 30, 2011)

l.J.S. Department of Justice

Executive Office for Immigration Review Falls Church, Virginia 22041

Decision of the Board of Immigration Appeals

File:

AO19 321 130 - Boston, MA

Date:

NOV 3 0 Z011

In re: JOSE MANUEL SILVA a.k.a. Jose M. Silva IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: APPLICATION: Pro se

Immigrant & Refugee Appellate Center | www.irac.net

Reconsideration; reopening

ORDER: The respondent's timely motion requesting reconsideration of the Board's July 29, 2011, decision dismissing his appeal, which has not been responded to or opposed by the Department of Homeland Security, is granted. The record reveals that, based on his conviction for attempted arson of a dwelling in violation of Mass. Gen. Laws ch. 266 SA, the respondent was found removable as charged as an alien convicted of an aggravated felony crime of violence. See section 101(a)(43)(F) of the Immigration and Nationality Act, 8 U.S.C. 11Ol (a)(43)(F) (stating that an aggravated felony means a crime of violence (as defined in section 16 of title 18, United States Code, but not including a purely political offense) for which the term of imprisonment is at least one year). The term "crime of violence," as defined in 18 U.S.C. 16(a) and (b), requires that force be used (or a substantial risk that force will be used) against the person or property of another. However, a conviction under Mass. Gen. Laws ch. 266 SA, does not necessarily involve the person or property of another as it could include the burning of one's own property occupied or unoccupied. See Mass. Gen. Laws ch. 266 1, SA. Jordison
v.

Gonzales, SOl F.3d 1134 (9th Cir. 2007). Moreover, even if we look

beyond the language of the statute in question, we find that the respondent's conviction records do not establish that he was convicted for burning the property of another, occupied or unoccupied (Exh. IA). FURTHER ORDER: The Board's July 29, 2011, decision dismissing the respondent's appeal is vacated. FURTHER ORDER: These removal proceedings are terminated.

Cite as: Jose Manuel Silva, A019 321 130 (BIA Nov. 30, 2011)