U.S.

Department of Justice
Executive Office for Immigration Review
Board ofImmigration Appeals
Office of the Clerk
5107 leesburg Pike, Suile 2000
Falls Church, Virginia 22041

DHS/ICE Office of Chief Counsel - CHL

5701 Executive Ctr Dr., Ste 300
Charlotte, NC 28212

Name: JOSIAH, MOSES CHUKWUJIEK...

A 204-053-513
Date of this notice: 6/23/2016

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

DOWtL ct1/VLJ
Sincerely,

Donna Carr
Chief Clerk
Enclosure
Panel Members:

Grant, Edward R.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Moses Chukwujiekwu Josiah, A204 053 513 (BIA June 23, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

West, Emmanuel, Esquire

E.L. West & Associates
5300 Memorial Drive, Suite 118
Stone Mountain, GA 30083

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

\

Falls Church, Virginia 22041

Date:

File: A204 053 513 - Charlotte, NC

In re: MOSES CHUKWUJIEKWU JOSIAH

JUN 2 3 2016

APPEAL
ON BEHALF OF RESPONDENT: Emmanuel West, Esquire
CHARGE:
Notice: Sec.

237(a)(l)(B), l&N Act [8 U.S.C. 1227(a)(l)(B)] In the United States in violation of law

APPLICATION: Continuance
The respondent appeals from the Immigration Judge's decision dated April 16, 2015, which
ordered the respondent removed from the United States to Nigeria. Under 8 C.F.R.
1003.l(d)(3)(i), (ii), the Board defers to the factual findings of an Immigration Judge, unless
they are clearly erroneous, but it retains independent judgment and discretion, subject to
applicable governing standards, regarding pure questions of law and the application of a
particular standard of law to those facts. The record will be remanded for further proceedings.
The respondent testified that his residence had been burned down, that it is not safe for him
to return to his home, and that, despite the size of Nigeria, he will have to stick to the area where
his home had been (Tr. at 29-31). Based upon his testimony, the Immigration Judge should have
advised the respondent, pursuant to 8 C.F.R. 1240.1l(c)(l)(i), that he may apply for asylum in
the United States or withholding of removal from Nigeria. Accordingly, the following order will
be entered.
ORDER: The record is remanded for further proceedings.

FOR THE BOA

Cite as: Moses Chukwujiekwu Josiah, A204 053 513 (BIA June 23, 2016)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN REMOVAL PROCEEDINGS

-..

il

< . -t

'

In the Matter of

IMMIGRATION COURT
5701 EXECUTIVE CENTER DR. 1400
CHARLOTTE, NC 28212
Case No.: A204-053-513
IN REMOVAL PROCEEDINGS

ORDER OF THE IMMIGRATION JUDGE

/{e. /5.

f the oral decision entered on

solely for the convenience of thearties. If the
be appealed or reopened, the oral decision will become
in the case.
was ordered removed from the United States to
--...-..........the alternative to
ent's application for voluntary departure was denied and
Re
spondent was ordered removed to NIGERIA or in the
alternative to .
Respondent's application for voluntary departure was granted until
upon posting a bond in the amount of$
with an alternate order of removal to NIGERIA.
Respondent's application for:
[ ] Asylum was ( )granted
)denied( )withdrawn.
[ ] Withholding of removal was
)granted ( )denied ( }withdrawn.
( ) A Waiver under Section- was ( )granted ( )denied ( )withdrawn.
[ ] Cancellation of removal under section 240A(a) was ( )granted
)denied
( )withdrawn.
Respondent's application for:
[ ] Cancellation under section 240A{b){1) was ( ) granted
) denied
( ) withdrawn. If granted, it is ordered that the respondent be issued
all appropriate documents necessary to give effect to this order.
Cancellation under section 240A(b) (2) was ( )granted ( )denied
( )withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this order.
Adjustment of Status under Section
was ( )granted ( )denied
( )withdrawn. If granted it is ordered that the respondent be issued
all appropriated documents necessary to give effect to this order.
Respondent's application of ( ) withholding of removal ( } deferral of
/
removal under Article III of the Convention Against Torture was
( ) granted ( ) denied ( ) withdrawn.
/
Respondent's status was rescinded under section 246.
/.
Respondent is admitted to the United States as a
until
As a condition of admission, respondent is to post a$
bond.
Respondent knowingly filed a frivolous asylum application after proper
notice.
Respondent was advised of the limitation on discretionary relief for
failure to appear as ordered in the Immigration Judge's oral d ,,.._--
Proceedings were terminated.
Other:
Date: Apr 16, 2015

This

Appeal:

Immigrant & Refugee Appellate Center, LLC | www.irac.net

JOSIAH, MOSES CHUKWUJIEKWU

Respondent