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Falls Chm0h,Viginia Z53
File: P11 152 + " Honolulu, HI
In re: PATRICIA LIO
IN RMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Jaes A. Stanton, Esquire
ON BEHALF OF DHS: Chandu Latey
Assistant Chief Counsel
CHARGE:
Date:
Notice: Sec. 212(a)(2)(A)(i)(I), I&N Act [8 U
.
S
.C. l
182(a)(2)(A)(i)(I)] -
Crime involving moral turpitude
APPLICATION: Waiver of inadmissibilit
FEB
2 5 2014
The respondent appeals fom an Immigration Judge's August !
Immigration Judge's decision contains no express fndings as to how the respondent acquired
LPR status; however, the respondent claimed below that she adjusted status fom within the
United States (Exh. at 2), and the record contains no evidence to the contary. In light of
0g0l0-uml02, we deem it appropriate to remad this mater fr fher consideration of the
respondent's application fr a section 2 !2(h) waiver and fr entry of a new decision. Given this
disposition, moreover, we fnd it unnecessary to decide whether the respondent has a
aggravated flony conviction at tis time.
In conclusion, the respondent is removable a charged but in view of 0g0l0-uml02we are
not convinced that she is ineligible fr section 2 !2(h) relief on the grounds relied upon by the
Immigration Judge. Accordingly, the record will be remanded fr frther proceedings.
ORDER: Te record is remanded fr frther proceedings consistent wit the fregoing
opinion and fr entry of a new decision.
=l
FOR THE BOARD >
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Cite as: Patricia Lino, A077 152 460 (BIA Feb. 25, 2014)
( _ : o I
Appea
`
Alien No.: ^77-1DZ-+O Alien Name: LIO, Patricia
( )
( ) 2.
( ) 3.
(
4
.
LIMITATIONS ON DISCRETIONARY RELIEF FOR FAILURE TO APPEAR
You have been scheduled fr a removal hearing, at the time and place set frth on the attached
sheet. Failure to appear fr this hearing other than because of exceptional circumstances beyond
your control** will result in your being fund ineligible fr certain frms of relief under the Immigration
and Nationality Act (see Section A. below) fr a period of ten ( 0) years afer the date of entr of the
fnal order of removaJ.
You have been scheduled fr an asylum hearing, at the time and place set frh on the attached
notice. Failure to appear fr this hearing other than because of exceptional circumstances beyond
your control** will result in your being fund ineligible fr certain fnns of relief under the Immigration
and Nationality Act (see Section A. below) fr a period of ten (l 0) years fom the date of your scheduled
hearing.
You have been granted voluntary departure from the United State pursuant to section 240B of
the Immigration and Nationality Act, and remaining in the United States beyond the authorized
date will result in your being ineligible fr certain frms of relief under the Immigration and Nationality
Act (see Section P. below) fr ten (10) years fom the date of the scheduled departure.
Your voluntary departure bond, if any, will also be breached. Additionally, if you fil to voluntarily
depart the United States within the time period specifed, you shall be subject to a civil penalty
of not less than $1000 and not more than $5000.
An order of removal has been entered against you. If you fil to appear pursuant to a fnal order
of removal at the time and place ordered by the OHS, other than because of exceptional
circumstances beyond your control** you will not be eligible fr certain frms of relief under
the Immigration and Nationality Act (see Section A. below) fr ten ( l 0) years after the date
you are scheduled to appear.
**the term "exceptional circumstances" refrs to circumstances such as serious illness of the alien
or death of an immediate relative of the alien, but not including Jess compelling circumstances.
A. THE FORMS OF RELIEF FROM REMOVAL FOR WHICH YOU WILL BECOME INELIGIBLE ARE:
I) Voluntary departure as provided fr in section 2408 of the Immigration and Nationalit Act;
2) Cancellation of removal as provided fr in section 240A of the Immigration and Nationalit Act; and
3
) Adjustment of status or change of status as provided fr in Section 245, 248 or 249 of the Immigration
and Nationality Act.
This written notice was provided to the alien in English. Oral notice of the contents of this notice must
be given to the alien in his/her native language, or in a language he/she understands by the Immigration Judge.
Date: 7
Immigration Judge: or Court Clerk:
CERTIFICATE OF SERVICE
:
THIS OLLLNN WPS SERVED BY: N^IL (M) PERS9AL 5IKNILL \
TO: [ ] AW/ ] ALIEN c/o Custodial Ofcer Aliens
[ OHS
DATE:
BY:COURT STAFF
m m
Attachments: [ ] EOIR-33 [ ] EOIR-28 [ ] Legal Services List [ X ] Other
ORDER
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