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Maria Regina Enriquez, A090 496 769 (BIA July 26, 2013)

Maria Regina Enriquez, A090 496 769 (BIA July 26, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) granted DHS' request to withdraw its appeal and upheld the termination of proceedings in light of the respondent's successful withdrawal of her guilty plea to possession of a stolen vehicle in violation of Nev. Rev. Stat. 205.273(b)(1), and her receiving a sentence of three days with credit for time served for pleading guilty instead to gross misdemeanor conspiracy possession of a stolen vehicle. The decision was written by Member Patricia Cole and joined by Member Roger Pauley and Member Teresa Donovan.
In this unpublished decision, the Board of Immigration Appeals (BIA) granted DHS' request to withdraw its appeal and upheld the termination of proceedings in light of the respondent's successful withdrawal of her guilty plea to possession of a stolen vehicle in violation of Nev. Rev. Stat. 205.273(b)(1), and her receiving a sentence of three days with credit for time served for pleading guilty instead to gross misdemeanor conspiracy possession of a stolen vehicle. The decision was written by Member Patricia Cole and joined by Member Roger Pauley and Member Teresa Donovan.

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Published by: Immigrant & Refugee Appellate Center, LLC on Jul 30, 2013
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10/12/2013

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Sodhi, Maya, Esq.

Reza Athari & Associates, PLLC
6235 S. Pecos Road, Suite 109
Las Vegas, NV 89120
Name: ENRIQUEZ, MARIA REGINA
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leebur Pike, Suite 2000
Fals Church. Vrginia 22041
OHS/ICE Ofce of Chief Counsel - LVG
3373 Pepper Lane
Las Vegas, NV 89120
A 090-96-769
Date of this notice: 7/26/2013
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Cole, Patricia A.
Pauley, Roger
Donovan, Teresa L.
Sincerely,
Do ctA
Donna Carr
Chief Clerk
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Cite as: Maria Regina Enriquez, A090 496 769 (BIA July 26, 2013)
For more unpublished BIA decisions, visit www.irac.net/unpublished
9 .WM
U.S. Department of Justice
Executh\ Ofce fr Immi
g
ration Review
Decision of the Board of Immi
g
ration A
pp
eals
Falls Church, Vir
g
inia 22041
File: A090 496 769 - Las Vegas, NV
In re: MARIA RGIA ENRQUEZ a.k.a. Maia Pitones-Perez
IN RMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Maya Bodhi, Esquire
ON BEHALF OF DHS:
CHARGE:
Charles W. Baccus
Assistant Chief Counsel
Date:
Notice: Sec. 237(a)(2)(A)(iii), I&N Act [8 U.S.C. § 1227(a)(2)(A)(iii)] -
Convicted of aggravated felony
APPLICATION: Terination of proceedings
JUL . 6 2013
On December 29, 2009, an Immigation Judge terinated removal proceedings against the
respondent. The Department of Homeland Security ("DHS") fled a timely appeal. On June 10,
2013, the DHS fled a motion to withdraw it appeal. The DHS's request to withdraw its appeal
in this case will be grated. See 8 C.F.R. § 1003.4.
The Immigration Judge terminated te removal proceedings afer concluding that the
respondent's conviction fr possession of a stolen vehicle in violation of Nevada Revised
Statutes § 205.273(b)(l), fr which she was sentenced to a suspended prison ter of 12-32
months did not constitute an aggravated flony. The DHS now provides an aended judgment
of conviction indicating that the respondent withdrew her guilty plea and entered a plea of guilty
fr the ofense of gross misdemeaor conspiracy possession of a stolen vehicle and was
sentenced to credit fr time sered of 3 days. Pursuant to Matter of Cota-Vargas, 23 l&N Dec.
849 (BIA 2005), the amended judgment of conviction is entitled to fll faith and credit and is
valid fr immigration puroses. Tus, the respondent's conviction is not a aggravated felony,
and te sole charge that the respondent is removable as an alien convicted of an aggavated
flony cannot be sustained.
Accordingly, the fllowing order is entered.
ORDER: The DHS's request to withdraw the appeal is granted and the Immigration Judge's
decision terinating the removal proceedings is fnal.
FOR THE BOAR
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Cite as: Maria Regina Enriquez, A090 496 769 (BIA July 26, 2013)
G .W WJ
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(
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
Las Vegas, Nevada
File No.: A 090 496 769 December 29, 2009
In the Matter of
ENRIQUEZ, MARIA REGINA IN REMOVAL PROCEEDINGS
Respondent
CHARGE: Section 237 (a) (2) {A) {iii) convicted of an
aggravated felony.
APPLICATIONS: Termination of proceedings.
ON BEHALF OF RESPONDENT: ON BEHALF OF OHS:
Maya Bodhi Charles Baccus
ORAL DECISION OF THE IMMIGRATION JUDGE
Respondent is a female alien, native and citizen of Mexico.
Her status was adj usted to that of a lawful permanent resident on
April 3, 1989. As a result of a conviction on July 8, 2009 in
the Eighth District Court at Las Vegas, Nevada for possession of
a stolen vehicle, a Notice to Appear was issued on October 1,
2009. The respondent was sentenced to serve between 12 and 32
months, which sentence was suspended and she was placed on 4
years probation.
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The Court finds that since the respondent was not convicted
of knowingly possessing a stolen vehicle, but rather having
reason to believe the vehicle was stolen, the Court finds that
she has not been convicted of an aggravated felony.
Consequently, since this particular conviction occurred
approximately 20 years after her status was adjusted to that of a
lawful permanent resident, the proceedings herein will be
terminated. Accordingly, therefore, the following order is being
entered:
ORDER
IT IS HEREBY ORDERED that the proceedings herein be and the
same are terminated.
i( w� M J �
IRENE WEISS
United States Immigration Judge
A 090 496 769 2 December 29, 2009
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ÆM
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CERTIFICATE PAGE
I hereby certify that the attached proceeding before
JUDGE IRENE WEISS, in the matter of:
ENRIQUEZ, MRIA REGINA
A 090 496 769
Las Vegas, Nevada
is an accurate, verbatim transcript of the recording as provided by
the Executive Office for Imigration Review and that this is the
original transcript thereof for the file of the Executive Office
for Immigration Review.
February 7, 2010
(completion date)
By submission of this CERTIFICATE PAGE, the Contractor certifies
that a Sony BEC/T-147, 4-channel transcriber or equivalent, as
described in Section C, paragraph C.3.3.2 of the contract, was used
to transcribe the Record of Proceeding shown in the above
paragraph .
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