U.S.

Department of Justice Executive Office for lirunigration Review

Board oflmmigration Appeals Office of the Clerk

5 J 07 Leesburg Pike, Suite 2000 Falls Church, Virginia 22041

OHS/ICE Office of Chief Counsel P.O. Box 1898 Newark, NJ 07101

NEW

Immigrant & Refugee Appellate Center | www.irac.net

Name: QURESHI, IFTIKHAR

A 097-756-487

Date of this notice: 1/18/2013

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

Don.nL cQ./V\.)
Donna Carr Chief Clerk

Enclosure
Panel Members: Kendall-Clark, Molly

Userteam: Docket

Cite as: Iftikhar Qureshi, A097 756 487 (BIA Jan. 18, 2013)

Executive Office for Immigration ReView Fa)Is Church, Virginia 22041

U.S. Department of Justice

Decision of the Board of Immigration Appeals

File:

A097 756 487 - Newark, NJ

Date:

JAN l 8ZOt3

In re: IFTIK.HAR QURSHI a.k.a. Iftikhar Ali Qureshi IN REMOVAL PROCEEDINGS MOTION

Immigrant & Refugee Appellate Center | www.irac.net

ONBEHALF OF RESPONDENT:

Pro se

APPLICATION: Reconsideration; reopening

On June 9, 2011, the Board denied a timely motion to reconsider its August 17, 2010, final administrative order, as well as a timely motion to reopen the removal proceedings based on ineffective assistance of counsel. A petition for review to the United States Court of Appeals for the Third Circuit followed, but during the pendency of that petition, the Board issued its precedent decision in

Matter of Arrabally,

25 I&N Dec. 771 (BIA 2012).

The Third Circuit

granted the government's unopposed motion to remand the matter to the Board to address what effect, if any, that precedential decision has on the respondent's case. A post-remand briefing schedule was set, but no briefs have been filed. Based on the totality of the circumstances, we will vacate our June 9, 2011, and August 17, 20 I 0, orders and remand this matter for further proceedings not inconsistent with the Third Circuit's order. On remand, the Immigration Judge shall further consider the respondent's application for relief in light of our decision in

Matter of Arrabally, supra,

and other pertinent

law. On remand, the parties shall be permitted to submit additional documentary and testimonial evidence on any issues raised. Accordingly, the following orders will be entered. ORDER: TheBoard's orders dated June 9, 2011, and August 17, 2010, are vacated. FURTHER ORDER: The record is remanded to the Immigration Judge for further proceedings not inconsistent with this order and for the entry of a new decision.

RTHEBOARD

Cite as: Iftikhar Qureshi, A097 756 487 (BIA Jan. 18, 2013)