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R-P-, AXXX XXX 024 (BIA Feb. 19, 2014)

R-P-, AXXX XXX 024 (BIA Feb. 19, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA) denied a DHS appeal and upheld a grant of adjustment of status. The Board found the respondent was not inadmissible under INA 212(a)(2)(C) because of the small amount of marijuana at issue and the lack of evidence of any remuneration or commercial aspect to the transaction; not admissible under 212(a)(6)(C) because the fraudulent submission of a letter purportedly written by her father was not a “material” misrepresentation; and warranted a favorable exercise of discretion. The decision was written by Member Roger Pauley.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) denied a DHS appeal and upheld a grant of adjustment of status. The Board found the respondent was not inadmissible under INA 212(a)(2)(C) because of the small amount of marijuana at issue and the lack of evidence of any remuneration or commercial aspect to the transaction; not admissible under 212(a)(6)(C) because the fraudulent submission of a letter purportedly written by her father was not a “material” misrepresentation; and warranted a favorable exercise of discretion. The decision was written by Member Roger Pauley.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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Published by: Immigrant & Refugee Appellate Center, LLC on Mar 06, 2014
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U.  of 
Executive Oce r Immigration Review
Board of Immigration Appeals O ce of the Clerk
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Goldblatt Steven H. Esq Georgetown Law Appellate Litigation Program OHS/ICE ice of Chief Counsel
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 Sree NW  Suite 306, McDonough Hall Washington DC 20001 Name: R New York NY 10014 A -024 Date of this notice: 2/19/2014
Encosed is a copy of the Board's decision ad order in the above-rerenced case. Encosure
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For more unpublished BIA decisions, visit www.irac.net/unpublished
Cite as: R-P-, AXXX XXX 024 (BIA Feb. 19, 2014)
 
U.. Dpm o Jusc
Executive Oce r Imgraton Reew Decson of the Board ofmmaton Appeals Falls Curch, Vrgna
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File: 024 -New York, NY In re: R P
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REMOVAL PROCEEDINGS APPEL Date: ON BHALF OF RSPONDENT: Steven H. Goldblatt, Esquire ON BHALF OF DHS CHAGE: Sarah B. Campbell Assistant Chief Counsel
FEB I
otice: Sec. 237(a)()(B), I& N ct [8 U.S.C. § 1227(a)()(B)] -In the United States in violation of la PPLICATION: djustment of status The Depament of Homeland Security ("DHS) appeals om the Immigration Judge's August 19, 2013, decision granting the respondent's application r adjustment of status under section 245(a) of the Immigration and Nationality ct, 8 U.S.C. § 1255(a). The appeal will be dismissed. First, the DHS argues that the respondent is ineligible r adjustment of status because she is inadmissible under section 212(a)(2)(C)(i) of the Act, 8 U.S.C. § 1182(a)(2)(C)(i), as an alien who the consular ocer or the ttoey General knos or has reason to believe is or has been an illicit tracker in any controlle substance or is or has been a knowing, assister, abettor, conspirator, or colluder with others in the illicit trafcking in a controlled substance (DHS's Br. at 12-15.
See
section 245(a) of the Act (requiring alien to be admssible to the United States r permanent residence). The respondent testied that in May 2011, while she was incarcerated, she picked up a package containing marijuana that as le in a communal shower, concealed it in her bra, and retued to her cell to await her iend's retu (Tr. at 270-75). She was caught ith the drugs and as a result, she as convicted of Promoting Prison Contraband in violation of New York Penal La section 205.201(1) (Exh. 12). The DHS argues that the respondent's admitted involvement in this transr of marijuana shos that there is "reason to believe that she has been an illicit drug trafcker. We disagree. Specically, we are persuaded by the respondent's appellate argument that her admitted conduct does not constitute "illicit tracking because of the small amount of marijuana at issue (to "baggies that t in her bra) and because there is inadequate evidence of any remuneration or commercial aspect to the transaction (Respondents Br. at 29-32). Accordingly, we agree with the Immigration Judge that the respondent is not barred om adjustment of status as an alien inadmissible under section 212(a(2 of the Act (I.J. at 10-11).
Cite as: R-P-, AXXX XXX 024 (BIA Feb. 19, 2014)

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