Arzani, Nassim

11801 Pierce Street, Suite 200

Riverside, CA 92505-0000
Name: MAYA LOPEZ, VICTOR
U.S. Department of Justice
Executive Ofce fr Imigration Review
Board of Immigration Appeals
Ofce of the Clerk
5 I 07 Leeburg Pike, Suite 2000
Fals Church, Vrginia 20530
OHS/ICE Ofice of Chief Counsel LOS
606 S. Olive Street, 8th Floor
Los Angeles, CA 90014
A 201-177-467
Date of this notice: 3/26/2014
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Guendelsberger, John
Sincerely,
DO C t
Donna Car
Chief Clerk
williame
Usertea m: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Victor Maya Lopez, A201 177 467 (BIA Mar. 26, 2014)
'
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U.S. Department of Justice
Executive Offce fr Imigration Review
Decision of the Board of Imigation Appeals
Falls Church, Virginia 20530
File: A201 177 467 - Los Angeles, CA Date:
In re: VICTOR MY A LOPEZ a.k.a. Victor Leobardo Maya
I RMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RSPONDENT: Nassim Arzani, Esquire
CHARGE:
MAR
2 8 2014
Notice: Sec. 212(a)(6)(A)(i), I&N Act
[8 U.S.C.
1
182(a)(6)(A)(i)
] -
Present without being admitted or paoled
APPLICATION: Termination
Te respondent, a native and citizen of Mexico, has appealed fom te Immigration Judge's
decision dated September 19, 2012. The record will be remanded.
The Boad reviews an Immigation Judge's fndings of fct, including fndings as to the
credibility of testimony, under a clearly erroneous standard. See 8 C.F.R. 1003. l(d)(3)(i).
The Board reviews questions of law, discretion, and judgment, and all other issues raised in a
Immigration Judge's decision de novo. See 8 C.F.R. 1003.l(d)(3)(ii).
Te trascript of proceedings ad the respondent's Notice of Appeal (For EOIR-26) refect
that the respondent conceded alienage but denied the fctual allegations that he entered the
United States at an unknown place ad tie and without being inspected and admitted or paroled,
and that he contested te chage that he is subject to removal on tat basis. The respondent
claims that he entered te coutry and is lawflly present pursuant to a parole document issued to
him by an ofcer of the Department of Homeland Security to allow him to paicipate in criminal
proceedings as a material witness. The Immigation Judge sustained all fctual allegations and
the removal charge.
An Immigration Judge's decision must accurately su aize te relevant fcts, refect the
Immigration Judge's aalysis of te applicable statutes, regulations, and legal precedents, and
clearly set frt the Immigration Judge's legal conclusions. See Matter of A-P-, 22 I&N Dec. 468
(BIA 1999); see also Matter of S-H-, 23 I&N Dec. 462, 463-65 (BIA 2002) (stating that
Immigation Judges should include in their decisions clear and complete fndings of fct that are
.
suppored by the record and ae in compliance with controlling law). Inasmuch as te
Immigration Judge's decision includes no reasoned analysis explaining how she resolved the
contested issues of fct, including how she determined that the parole document is invalid or
otherwise insufcient to authorize the respondent's lawfl presence in the United States, we do
not fnd that the decision provides us with a meaningfl basis fr review. Accordingly, the
record will be reted to te Immigration Judge fr preparation of a more complete decision
that clearly articulates her rationale fr sustaining the removal charge in this case. Upon
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Cite as: Victor Maya Lopez, A201 177 467 (BIA Mar. 26, 2014)
'A201 177 467
preparation of the decision, te Imigration Judge shall issue an order administratively reting
the record to the Board. The Immigration Judge shall serve the administrative ret order on
the respondent and the Depaent of Homeland Security (DHS). The Board will thereafer give
the parties a opporunity to submit briefs in accordance with the regulations.
Accordingly, the fllowing orders will be entered.
ORER: The Immigration Judge's September 19, 2012, decision is vacated.
FURTHER ORDER: The record is remanded to the Imigration Court fr fer
proceedings consistent with the fregoing opinion.
2
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Cite as: Victor Maya Lopez, A201 177 467 (BIA Mar. 26, 2014)
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606 UT YE5T.,15
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LUUR
LU5ANGELE5,CA 90014
In tle Matter of: MA YA LOPEZ , .VC'OR
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Case No.: A201-177-467
Resp
o
ndent I RMOVAL PROCEEDIGS
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