U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office ofthe Clerk

5/07 Leesburg Pike, Suile 2000

Falls Church. Virginia 22041

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

Magilligan, David Edward OHS/ICE Office of Chief Counsel - MIA
Magilligan Law 333 South Miami Ave., Suite 200
2514 Hollywood Blvd., Suite 404 Miami, FL 33130
Hollywood, FL 33021

Name: RIGHI, STEFANO A 200-386-011

Date of this notice: 1/26/2017

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

Sincerely,

Dervu.., C t1AA)

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For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/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: Stefano Righi, A200 386 011 (BIA Jan. 26, 2017)
 U.S. Department of Justice Decision of the Board oflmmigration Appeals
. Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A200 386 011- Miami,FL Date:

JAN 2 6 2017
In re: STEFANO RIGHI

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

IN REMOVAL PROCEEDINGS

APPEAL AND MOTION

ON BEHALF OF RESPONDENT: David E. Magilligan,Esquire

CHARGE:

Notice: Sec. 237(a)(2)(B)(i),I&N Act [8 U.S.C. 1227(a)(2)(B)(i)] -

Convicted of controlled substance violation

APPLICATION: Termination

The respondent, a native and citizen of Italy, appeals from the Immigration Judge's
decision dated April 8,2016,denying his request to reopen proceedings. The respondent also
moves to remand based on new evidence. The Department of Homeland Security (DHS) has not
filed an appeal brief or a response to the motion to remand. The motion to remand will be
granted,and the case will be remanded to the Immigration Judge for further proceedings.
The respondent was ordered removed on February 11,2016,based on the charge listed in
the Notice to Appear. On April 8, 2016,the Immigration Judge denied the respondent's motion
to reopen based on a March 7 ,2016, decision by a Florida state court granting his motion to
vacate his criminal conviction for possession of marijuana. In the decision denying the motion to
reopen, the Immigration Judge noted that the printout from the Florida Clerk of Court was
insufficient to establish that the respondent's conviction was vacated on constitutional grounds.
The Immigration Judge further noted that he would entertain another motion to reopen if copies
of the motion to vacate and the order vacating the criminal conviction were provided.

On appeal, the respondent requests a remand for further consideration. The respondent
submits with his motion an August 26, 2016,state court order vacating his conviction "per the
stipulation of both parties," and a stipulated motion to vacate plea, judgment,and sentence. The
stipulated motion notes that the "basis for the stipulation was the potential disclosure of a
confidential informant ...and a possible violation of defendant Righi's 6th amendment rights."
In view of the new evidence, and the lack of any opposition by the DHS,we find it appropriate
to remand the case for further consideration of the respondent's removability from the United
States. See Matter ofPickering, 24 l&N Dec.272 (BIA 2003).
Accordingly, the motion to remand will be granted.
ORDER: The motion to remand is granted.

Cite as: Stefano Righi, A200 386 011 (BIA Jan. 26, 2017)
A200 386 011

FURTHER ORDER: Immigration Court for further

proceedings.

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

2
Cite as: Stefano Righi, A200 386 011 (BIA Jan. 26, 2017)
 ./

,,..
I

UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
333 SOUTH MIAMI AVE., STE.700
MIAMI, FL 33130

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

David Magilligan Law
Magilligan, David Edward
2875 NE 191 Street, Suite 600
Aventura, FL 33180

Date: Apr 8, 2016

File A200-386-011

In the Matter of:

RIGHI, STEFANO

Attached is a copy of the written decision of the Immigration Judge.

--- This decision is final unless an appeal is taken to the Board of
Immigration Appeals. The enclosed copies of FORM EOIR 26,
Notice of Appeal, and FORM EOIR 27, Notice of Entry as Attorney or
Representative, properly executed, must be filed with the Board of
Immigration Appeals on or before
The appeal must be accompanied by proof of paid fee ($110.00).

Enclosed is a copy of the oral decision.

Enclosed is a transcript of the testimony of record.

You are granted until ________ to submit a brief

to this office in support of your appeal.

Opposing counsel is granted until to submit a

brief in opposition to the appeal.

X Enclosed is a copy of the order/decision of the Immigration Judge.

All papers filed with the Court shall be accompanied by proof

of service upon opposing counsel.

Sincerely,

SM ------------- UL
Imrnigration Court Clerk
cc: MARGARITA CIMADEVILLA, ACC
KROME SERVICE PROCESSING CENTER
18201 SW 12TH STREET
MIAMI, FL 33194
 UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
MIAMI, FLORIDA

IN THE MATTER OF FILE No:

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

Stefano Righi A200386011

ORDER OF THE IMMIGRATION JUDGE

Upon consideration of the Motion to Reopen, the Court fmds:

1) That the motion is warranted.

2) Other:______________________
THEREFORE, it is HEREBY ORDERED that the motion be:

CERTIFICATE OF SERVICE

This docu as served by: / Mail ___ Personal Service

To: Alien ___ Alien c)((Custodial Officer
__ DHS
___Alien's Atty/Rep _V

Date: 4 I x' l 1 (, ..s_tf---1-----

By: Court Staff __