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  • Vladislav Margulis, A070 233 197 (BIA Mar. 21, 2014)

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    Immigrant & Refugee Appellate Center, LLC
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    In this unpublished decision, the Board of Immigration Appeals (BIA), on remand from Margulis v. Holder, 725 F.3d 785 (7th Cir. 2013), granted a DHS motion to remand the case so that it could charge the respondent as a returning lawful permanent resident eligible to seek a waiver of inadmissibility under INA 212(h). In a prior decision, the Board held that under Matter of T-, 6 I&N Dec. 638 (BIA 1955), the respondent was properly charged with deportability under INA 237(a) because he was denied entry by Canadian officials and thus never lawfully admitted to other country. The decision was issued by Member Ellen Liebowitz. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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    In this unpublished decision, the Board of Immigration Appeals (BIA), on remand from Margulis v. Holder, 725 F.3d 785 (7th Cir. 2013), granted a DHS motion to remand the case so that it could charge the respondent as a returning lawful permanent resident eligible to seek a waiver of inadmissibility under INA 212(h). In a prior decision, the Board held that under Matter of T-, 6 I&N Dec. 638 (BIA 1955), the respondent was properly charged with deportability under INA 237(a) because he was denied entry by Canadian officials and thus never lawfully admitted to other country. The decision was issued by Member Ellen Liebowitz. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    407 views2 pages

    Vladislav Margulis, A070 233 197 (BIA Mar. 21, 2014)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA), on remand from Margulis v. Holder, 725 F.3d 785 (7th Cir. 2013), granted a DHS motion to remand the case so that it could charge the respondent as a returning lawful permanent resident eligible to seek a waiver of inadmissibility under INA 212(h). In a prior decision, the Board held that under Matter of T-, 6 I&N Dec. 638 (BIA 1955), the respondent was properly charged with deportability under INA 237(a) because he was denied entry by Canadian officials and thus never lawfully admitted to other country. The decision was issued by Member Ellen Liebowitz. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    of 2

    U.S.

    Department of Justice Executive Office for Immigration Review

    Board ofImmigration Appeals Office of the Clerk


    5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 20530

    Goldblatt, Steven H., Esq. Georgetown Law, Appellate Litigation Program 111 F Street, NW Suite 306, McDonough Hall Washington, DC 20001

    OHS/ICE Office of Chief Counsel - CHI 525 West Van Buren Street Chicago, IL 60607

    Immigrant & Refugee Appellate Center | www.irac.net

    Name: MARGULIS, VLADISLAV

    A 070-233-197

    Date of this notice: 3/21/2014

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

    bOYutL CaAAJ
    Donna Carr Chief Clerk

    Enclosure Panel Members: Liebowitz, Ellen C

    Lulseges Userteam: Docket

    For more unpublished BIA decisions, visit www.irac.net/unpublished

    Cite as: Vladislav Margulis, A070 233 197 (BIA Mar. 21, 2014)

    U.S. Department of Justice Executive Office for Immigmtion Review


    Falls Church,

    Decision of the Board of Immigration Appeals

    Virginia 20530
    Date:

    File:

    A070 233 197-Chicago, IL

    MAR 212014

    In re: VLADISLAV M ARGULIS

    IN REMOVAL PROCEEDINGS

    Immigrant & Refugee Appellate Center | www.irac.net

    APPEAL AND MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF OHS: Steven H. Goldblatt, Esquire

    Seth B. Fitter Senior Attorney

    CHARGE: Notice: Sec. 237(a )(2XA)(ii), I&N Act [8 U.S.C. 1227(a)(2)(A)(ii)] Convicted of two or more crimes involving moral turpitude

    APPLICATION: Termination; remand

    In light of a decision from the United States Court of Appeals for the Seventh Circuit, the

    Department of Homeland Security moves to remand the record to the Immigration Court to enable it to charge the respondent (7th Cir. 2013).
    as

    an arriving alien. See Margulis

    v.

    Holder, 125 F.3d 785

    The respondent does not oppose the motion.

    We will grant the unopposed

    motion to remand.

    See 8 C.F.R. 1003.30, 1240. lO(e) (DHS may file additional charges of

    removability at any time in removal proceedings ).

    ORDER: The motion to remand is granted, and the record is remanded to the Immigration Court for further proceedings consistent with the foregoing opinion and for the entry of a new decision.

    FOR THE BOARD

    Cite as: Vladislav Margulis, A070 233 197 (BIA Mar. 21, 2014)

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