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In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent’s motion to reopen and remanded for reconsideration of his application for adjustment of status in light of the vacatur of his criminal conviction. The decision was issued by Member Molly Kendall-Clark.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent’s motion to reopen and remanded for reconsideration of his application for adjustment of status in light of the vacatur of his criminal conviction. The decision was issued by Member Molly Kendall-Clark.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent’s motion to reopen and remanded for reconsideration of his application for adjustment of status in light of the vacatur of his criminal conviction. The decision was issued by Member Molly Kendall-Clark.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
7031 Grand National Drive Suite 109 Orlando, FL 32819 Name: CLER, GILBERTO FARIAS U.S. Department of Justice Executive Offce fr Immigration Review Board of Immigration Appeals Ofice of the Clerk 5 /07 Leesburg Pike, Suite 2000 Fals Church, Vrginia 20530 OHS/ICE Ofice of Chief Counsel - ORL 3535 Lawon Road, Suite 100 Orlando, FL 32803 A 204-045-294 Date of this notice: 8/15/2014 Enclosed is a copy of the Board's decision and order in the above-refrenced case. Enclosure Panel Members: Kendall-Clark, Molly Sincerely, DO c t Donna Carr Chief Clerk Userteam: Docket For more unpublished BIA decisions, visit www.irac.net/unpublished I m m i g r a n t
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w w w . i r a c . n e t Cite as: Gilberto Farias Cler, A204 045 294 (BIA Aug. 15, 2014) CLER, GILBERTO FARIAS A204-045-294 U.S. Department of Justice Executive Ofce fr Imigration Review Board of Immigration Appeals Offce of the Clerk 5107 leesburg Pike, Suite 2000 Fals Church, Vrginia 20530 OHS/ICE Office of Chief Counsel - ORL 3535 Lawton Road, Suite 100 GLADES COUNTY DETENTION CENTER 1297 EAST SR 78 Orlando, FL 32803 MOORE HAVEN, FL 33471 Name: CLER, GILBERTO FARIAS A 204-045-294 Date of this notice: 8/15/2014 Enclosed is a copy of the Board's decision in the above-refrenced case. This copy is being provided to you as a courtesy. Your attorey or representative has been served with this decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be removed fom the United States or afrms an Immigration Judge's decision ordering that you be removed, any petition fr review of the attached decision must be fled with and received by the appropriate court of appeals within 30 days of the date of the decision. Enclosure Panel Members: Kendall-Clark, Molly Sincerely, DC ct Donna Car Chief Clerk Useream: I m m i g r a n t
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w w w . i r a c . n e t Cite as: Gilberto Farias Cler, A204 045 294 (BIA Aug. 15, 2014) .U.S. Department of Justice Executive Offce fr Imigation Review Falls Church, Virginia 20530 File: A204 045 294 - Macclenny, FL 1 In re: GILBERTO FARIAS CLER IN RMOVAL PROCEEDINGS MOTION Decision of the Boad of Imigation Appeals Date: AUG ! 5 2014 ON BEHALF OF RESPONDENT: Felipe Alexandre, Esquire APPLICATION: Reopening On Mach 12, 2014, te Boad dismissed te respondent's appeal fom te Immigration Judge's November 18, 2013, decision in which the respondent was fund removable as a alien in the United States in violation of law, and as a alien convicted of a crime involving moral turpitude. See sections 237(a)(l)(B) and (2)(A)(i) of the Immigration ad Nationality Act, 8 U.S.C. 1227(a)(l)(B) and {2)(A){i). On May 20, 2014, the respondent fled te instant timely motion to reopen with the Board. See section 240( c )(7) of the Immigration and Nationality Act, 8 U.S.C. 1229a(c)(7); 8 C.F.R. 1003.2(c). The Deparment of Homelad Security has not responded to te motion. The motion will be ganted. The respondent has ofered evidence that on May 6, 2014, te criminal court vacated the conviction underlying his removability under section 237(a)(2)(A)(i) of te Act (alien convicted of a crime involving moral turpitude) due to a defect in the criminal proceedings. See Unaked Motion Exhibit; see also Ali v. US Attorey General, 443 F.3d 804 (11th Cir. 2006); Matter of Pickering, 23 I&N Dec. 621 (BIA 2003) (fnding that a conviction vacated fr procedural or substantive defcts in the underlying crminal proceedings is no longer valid fr immigration purposes). It thus appears that the respondent is no longer removable under section 237(a)(2)(A)(i) of the Act. We fer note that the chages underlying a 1998 arest appea to remain unresolved. The respondent, however, remains removable under section 237(a)(l)(B) of the Act. We recognize that the Imigation Judge denied the respondent's applications fr adjustment of status and a concurent waiver of inadmissibility uder section 212(h) of the Act, 8 U.S.C. l 182(h), in the exercise of discretion, and we upheld that holding in our decisiQn. Nonetheless, in view of the vacating of the respondent's 2013 conviction, we fd that remand fr fher consideration of the respondent's applications fr relief is warated. On remand, te paies will have the opportunity to present fer evidence and aguments regarding the issue of discretion, and any other issues relevat to te respondent's case. Accordingly, the. fllowing order will be entered. 1 Te removal hearing in this case was conducted by televideo with the respondent located at the Baer Country Detention Center, Maccleny, Florida, and the Immigration Judge located in Orlando, Florda. See Trascript of the Proceedings at 168. I m m i g r a n t
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w w w . i r a c . n e t Cite as: Gilberto Farias Cler, A204 045 294 (BIA Aug. 15, 2014) ..... .. .. . I A204 045 294 ORER: The record is remaded to te Immigation Judge fr fer proceedings consistent wit tis opion, ad fr the entr of a new decision. \\ R TH BOA 2 I m m i g r a n t
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w w w . i r a c . n e t Cite as: Gilberto Farias Cler, A204 045 294 (BIA Aug. 15, 2014)