Imon RevewDecson of the Bod of Imato AppealsFalls Church, Vrgna
File:A091 402 35 -Miami, FLIn re: CHES H. BRESIACIN MOVA PROCEENGAPPEALDae:N BEHLF OF RESPONDENT: Nicholas D Gordon, EsquireORER:
The respondent, a naive d citizen of aiti and law permen resident of the UniteSaes, appeas om he Immiaion Judge's decision dated Juay 18, 2012, wich dene hismoion o reopen removal proceedings. he Depment of Homeand Security (HS) as no repied o the respondent's bref on appea. The appeal will be susaine, proceeigs wibe reopened d terminatedWe review Immiaion Judges' ndings of ct r cear error, but we review questions of aw, iscretion, d judgmen, d all other issues in appeals de novo 8 CF.R§§ 1003.
(d)(3)(i), (ii) The recor shows hat he HS chged the respondent as n rrivig aien who wasinamissibe under section 212(a)(2)(A)(i)(II) of he Immiaion d aionaliAct,8 USC.§ 1182(a)(2)(A)(i)(II) (conrolled substace vioaion), due o a Febary 21, 1996, Georgia Saeconviction r simpe possession of cocane (Exs 1, 2) On ecember 10, 2008, eImiaion Judge un the responden inadmissible charged, eeme any appicaion r reief abadoned, and ordered he responden removed. On Janry 18, 2012, the respondent led a moion o reopen and einae proceedings, providing ocumentaon coning ha his1996 convicion was vacated based on he deeinaion a hs no cones plea was madewithout beng infoed of he immiaion consequences and was terere involuntary.Respondent's Moion to Reopen, Tabs
24 &N Dec. 272(BI 2007)hus,he convicion is no onger vali r imiaon purposes, an therespondent is no longer inadmissibe as chaged
23 I& ec. 878, 879(BI 2006)Accoringy, the appea is saned, and hese proceedings are reopened anderminae
Cite as: Charles H. Bresiac, A091 402 355 (BIA March 15, 2013)