P. 1
Jeffry Nelson, A058 001 093 (BIA July 31, 2013)

Jeffry Nelson, A058 001 093 (BIA July 31, 2013)

|Views: 41|Likes:
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings in light of newly submitted evidence that the respondent's criminal sentence was reduced to 364 days, thereby rendering his conviction no longer an aggravated felony under Matter of Cota-Vargas, 23 I&N Dec. 829 (BIA 2005). The decision was written by Elise Manuel.
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings in light of newly submitted evidence that the respondent's criminal sentence was reduced to 364 days, thereby rendering his conviction no longer an aggravated felony under Matter of Cota-Vargas, 23 I&N Dec. 829 (BIA 2005). The decision was written by Elise Manuel.

More info:

Published by: Immigrant & Refugee Appellate Center, LLC on Aug 06, 2013
Copyright:Attribution Non-commercial

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

10/12/2013

pdf

text

original

Aparisi, Jaime Winthuysen, Esq.

Law Ofices of Jaime W. Aparisi
8630 Fenton Street, Suite 932
Silver Spring, MD 20910-0000
Name: NELSON, JEFFRY
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5/07 lceb11rg /ike, S11ite 2000
Fls Ch11rch, Vrginia 22041
OHS/ICE Ofice of Chief Counsel - BAL
31 Hopkins Plaza, Room 1600
Baltimore, MD 21201
A 058-001-093
Date of this notice: 7/31/2013
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Manuel, Elise
Sincerely,
Do CC
Donna Carr
Chief Clerk
lucasd
Userteam: Docket
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Cite as: Jeffry Nelson, A058 001 093 (BIA July 31, 2013)
NELSON, JEFFRY
A058-001-093
WCDC
5011 JOYNER RD
SNOW HILL, MD 21863
Name: NELSON, JEFFRY
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5/07 l.eesb11rg Pike, S11ite 2000
Fals Cl111rcl1. Vrginia 2 2041
OHS/ICE Ofice of Chief Counsel • BAL
31 Hopkins Plaa, Room 1600
Baltimore, MD 21201
A 058-001-093
Date of this notice: 7
/31/2013
Enclosed is a copy of the Board's decision in the above-refrenced case. This copy is being
provided to you as a courtesy. Your attorey or representative has been served with this
decision pursuant to 8 C.F.R. § 1292.5(a). If the attached decision orders that you be
removed fom the United States or afrms an Immigration Judge's decision ordering that you
be removed, any petition fr review of the attached decision must be fled with and received
by the appropriate court of appeals within 30 days of the date of the decision.
Enclosure
Panel Members:
Manuel, Elise
Sincerely,
DOc O
Donna Carr
Chief Clerk
lucasd
Useream: Docket
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Cite as: Jeffry Nelson, A058 001 093 (BIA July 31, 2013)
U.ö.Depaent of Jusüæ
EeOc fr æg0oeRe
Douo t B ofæ goep
FalOV@22M!
File: A058 001 093 -Batimore, !
I re: ÆNSON
I ROVA PROCEEIGS
MOTION
Date:
ON BE OF RESPONDEN: Jaime Winthuysen Aparsi, Esquire
CHGE:
JUL 31 20\3
Notce: Se. 237(a)(2XA)(iii), IN Act [8 U.S.
C
.
§ 1227(a)(2
)(A)(iii)] -
Convicte of ag avate felony
APPLICATION: Repening
This matte was m before this Boad on April 18, 2013, when this Boad dismisse the
respondent's appel fom the Immigon Judge's deision denying the repondent a
connuance s that he could pursue a colateral attack on his criminal cnviction fr asult in
the send dee. Te respondent æfle a tmely moton to repe accompanied by evidence
that the Distct Cour of Mryland for Mongomer Count æ reonsidee his sntece ad
modife his sentence t a suspende te of 36 days' imprisonmen fr his ofense. Te
Deparen of Homelad Serity ænot respnded t the moton.
The evidence of a reuction in sentence is maerial to the repondent's removability unde
setion 237(a)(2XA)(iii) of the Immigon and Natonality A 8 U.S.C. § 1227(a)(2XA)(iii).
While the rerd indicates that the stence may have been reduced slely to avoid the
immigation conseuences of the respondet's conviction (Tr. a 25-28, 36), a reuced senence
is regir as valid fr purses of the immigraton law without regard to the tial cur's
reons fr ef eting the reucton. óccmæ crof Cota-Vaga, 23 lN De. 829 (I 2005).
The new evidence demonstes mthe repondet is no longer removable as che, a he
has no longe been sentenc to "at least one yea for his aslt ofens. Acordingly, this
Boad wgt reping put t 8 C.F.R § 1003.2(c)(1). A the repondent is no longe
removable on the single chge cntae in the Notc to Appe, this Boad fnds teron
of the i prengs appropriae. Accrdinly, the fllowing orders will be ente.
ORDE: Te motion to repen is gte.
FJORER: The re.
FOR T BOA
I
m
m
i
g
r
a
n
t

&

R
e
f
u
g
e
e

A
p
p
e
l
l
a
t
e

C
e
n
t
e
r

|

w
w
w
.
i
r
a
c
.
n
e
t
Cite as: Jeffry Nelson, A058 001 093 (BIA July 31, 2013)

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->