A099 12 755I. MOV ABITY ON C CARGEWe econsder sua sponte, however, to car the respondent's removabl and nadmi�sibiir astment of status puoses. The pertinent cts and hsto of the case are as llows.
Thereondnt was admted to the nited States as a noniigrant vsitor wth authozaton to reainnt ne 16, 2002 Notice to Appear). The respondent was convicted on hs guily pleas n a eorgia cminal cou on Febary 20, 2004, of rge in the second degree, anuctung a lsedentication ocent, ad giving a lse naeOn or about Aprl 6, 200, the respondent led a habeas corpus petton allegng neectveasistace of mer cmnal counsel n not provdng hm with accuate advice about he meango°f the Georgia Frst Oender Act, and not lly explainng the terms an conditons of he plea agreeent In November of 2007 the crmnal cout ated the petition ad vacated therespondent's 2004 guily pleas he respondent entered a rst oender plea to the givng a fasenamechage. he cimna cout deed proceedings without an adudication of guilt.hecrmnal cout sentenced the respondent to connement r 11 months and 29 days, but allowed thesentence to be seed on probation, except r having to seve 20 consecutive weekends in jail(recod of habeas copus action)Upon sua sponte reconsideration, we nd that the Immgation Judge eed n ndng theresponent reovable on the CMT charge Georgia Code Aotated§ 6-0-25 (2007) provies,in peinent pa, hat the oense of givng a lse nae to oces s a misdemeanor Geogia CodeAnnotated§§
7-10-3(a)) nd (2) (2007) provie, n petinent part, that a msdemenor shall bepunished by conneent r a total term not to exceed 12 months. Section 237(a)(2)(A)() of theAct, U.S.C. § 1227(a)(2)(A)(), povides, n penent pat, that a alien convcted of a cimeinvolvng mora turpude (commtted wthin 5 yeas of adsson) is removale f a sentence of 1year
may be imposed nder Georgia law, a year sentence could be impose, but
a sentence longer thn 1 ye. he respondent is thus not reovable on the CIM chgeI. NADMSSIBILY FOR PPOSES OF ADJSTMEN OF SATUSHowever, the respondent reains inadissble r puoses of adustment of saus.Secton 22(a)(2)A)i)(I) of the Act provdes, n petnent pat, that any alen convicted of a crmeinvolving oral utude is nadssible. Section 22(a)(2)(A)(i)(II) of the Act provides, inpeinent pa, an exception if the alien committed only one crme nd was not sentenced to a teof prsonent in excess of 6 onths (regardless of the extent to which the sentence ws ultmatelyexecuted). he responent oes not quali r this pey oense excepton. he respondent wassentence to conneent" 1 onths and 29 days (record of habeas cous acton). It does not ater that the sentence wa seed on probation with only 20 weekends spent in jail.. CONSUD OO TO OPN TO EAPPLY FO SECTON 2
2h) W AE OF NADMISSIBLTYWe teat the respondents otion to admit evidence a a otion to reopen proceedgs to reapplyr a waver of inadmissibily under section 2
2h) of the Act. The responent sates that isspouses house was under reclosure procedures n the faily was living there a tenan util2
Cite as: Olumide Goodness Adeyinka, A099 182 755 (BIA April 15, 2011)