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James Martin Lawlor, A038 733 245 (BIA Aug. 16, 2013)

James Martin Lawlor, A038 733 245 (BIA Aug. 16, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings after the respondent was granted a full and unconditional pardon by the Governor of Ohio for his conviction for felony assault in violation of Ohio Revised Code section 2903.13(A). The decision was written by Member Anne Greer and joined by Member Patricia Cole and Member Roger Pauley.
In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings after the respondent was granted a full and unconditional pardon by the Governor of Ohio for his conviction for felony assault in violation of Ohio Revised Code section 2903.13(A). The decision was written by Member Anne Greer and joined by Member Patricia Cole and Member Roger Pauley.

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Published by: Immigrant & Refugee Appellate Center, LLC on Aug 26, 2013
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10/12/2013

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Yazdani, Payam, Esq

Bloomfield & Kempf, LLP
175 South Third Street, Suite 505
Columbus, OH 43215
Name: LAWLOR, JAMES MARTIN
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 lecb11rg Pike, S1ite 1000
F11/ls C/111rcl1, Virinia 2104/
OHS/ICE Ofice of Chief Counsel - CLE
1240 E. 9th St., Room 585
Cleveland, OH 44199
A 038-733-245
Date of this notice: 8/16/2013
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Cole, Patricia A.
Greer, Anne J.
Pauley, Roger
Sincerely,
DO ct
Donna Carr
Chief Clerk
williame
Userteam: Docket
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Cite as: James Martin Lawlor, A038 733 245 (BIA Aug. 16, 2013)
• 4
U.S. Deparent of Justice
Ex�cutive Ofc fr Immigation Review
Decision of the Boad of Immigtion Appeals
Falls Church, Viginia 22041
File: A038 733 245 - Cleveland, OH
In re: JAES MARTI LAWLOR
I REMOVAL PROCEEDIGS
APPEAL
Date:
ON BEHALF OF RESPONDENT: Payam Yazdai, Esquire
ON BEHALF OF OHS:
CHARGE:
Thorin Freeman
Assistant Chief Counsel
AUG 16
2013
Notice: Sec. 237(a)(2)(A)(iii), l&N Act [8 U.S.C. § 1227(a)(2)(A)(iii)] -
Convicted of aggravated flony
APPLICATION: Tenination of proceedings
The respondent appeals the Immigration Judge's July 11, 2012, decision fnding him
removable as charged ad ordering him removed fom the United States. During the pendency
of his appeal, the respondent fled a motion to teninate his proceedings based on having been
ganted a fll ad unconditional pardon fr his conviction by the Goveror of Ohio. The motion
will be gated, ad the proceedings will be teninated
The respondent was convicted on March 22, 1995, fr the ofense of felony assault in
violation of Ohio Revised Code section 2903.13(A) (I.J. at 4-5; Exh. 2). In his decision, the
Immigation Judge concluded that the respondent's conviction fr knowingly causing or
attempting to cause physical har to another, e.g., a police ofcer, is a crime of violence under
18 U.S.C. § 16(b), and aggavated flony as defned by section 101(a)(43)(F) of the Immigration
and Nationality Act, 8U.S.C.§l 10l (a)(43)(F) (1.J. at 4-5). Through his motion, the respondent
has presented evidence that he was ganted a fll ad unconditional pardon fr his conviction
by the Goveror of Ohio on April 25, 2012. Section 237(a)(2)(A)(vi) of the Act, 8 U.S.C.
§ 1227(a)(2)(A)(vi), authorizes that such pardons waive the gounds of removability in, inter a/ia,
clause (iii), a conviction fr an aggravated flony. The respondent's padon thus waives the
gouds of removability fr the sole charge under section 237(a)(2)(A)(iii) of the Act.
Accordingly, the proceedings will be teninated.
ORER: Te appeal is teninated�
( J

1-�

F1ARD
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Cite as: James Martin Lawlor, A038 733 245 (BIA Aug. 16, 2013)
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
CLEVELAND, OHIO
File: A038-733-245
In the Matter of
July 11, 2012
JAMES MARTIN LAWLOR IN REMOVAL PROCEEDINGS
RESPONDENT
CHARGES:
APPLICATIONS:
Section 237(a) (2) (A) (iii) of the Immigration and
Nationality Act as amended, after admission having
been convicted of an aggrayated felony as defined
in Section lOl(a) (43) (F) of the Act relatiRg te an
aggravted felony.
ON BEHALF OF RESPONDENT: PAYAM YAZDANI
ON BEHALF OF DHS: THORIN FREEMAN
ORAL DECISION OF THE IMMIGRATION JUDGE
The respondent is an adult male who is a native and
citizen of Ireland. A Notice to Appear dated September 17, 2011
was personally served upon the respondent on said date. At a
master calendar hearing conducted February 29, 2012, the
respondent appeared with counsel, admitted factual allegations 1,
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2, 3, and 4 contained in the Notice to Appear and denied factual
allegation 5. The respondent also denied the charge of
removability. The Court took the matter under consideration for
determination of the issue of removability.
The Court in issuing its decision on removability has
marked and admitted certain items as exhibits. The following
exhibits were admitted into evidence: Exhibit 1, the Notice to
Appear; Exhibit 2, a submission by the respondent filed November
15, 2011, containing a motion to continue and attached letters;
Exhibit 3, a submission by OHS filed March 5, 2012; and Exhibit
4, the respondent's written decision on removability dated June
19, 2012. From said decision of removability contained at
Exhibit 4 this Court found by clear and convincing evidence that
factual allegation 5 contained in the Notice to Appear ha£� been
sustained as had� the charge of removability as cited in the
Notice to Appear. At the hearing conducted July 11, 2012, the
respondent, through counsel, declined to designate a country of
removal. The Department of Homeland Security recomended Ireland
as the country of removal and the Court issued an order finding
that Ireland will be designated the country of removal.
Having addressed the issue of removability the Court
proceeded further at the hearing on July 11, 2012. Specifically
the Court inquired of the respondent's counsel if he had any
relief from removal. The Court was advised that the respondent
did not have any relief from removal. The Court also inquired to
A038-733-245 2 July 11, 2012
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determine whether the respondent was seeking voluntary departure.
The Court was advised by the respondent's counsel that he was not
seeking voluntary departure. As such the Court will issue an
order that the respondent be removed from the United States and
returned to the
IT IS
from the United
A038-733-245
¯ ¯ Î 3.
country of Ireland.
ORDERS OF THE COURT
HEREBY ORDERED that the respondent be removed
States and returned to the country of Ireland.
S Ne PR6e FoiZ cSl&N�Tv££
THOMAS JANAS
Imigration Judge
3 July 11, 2012
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/Isl/
Immigration Judge THOMAS JANAS
janast on December 12, 2012 at 11:18 AM GMT
0
• Þ
A03B-733-245 4 July 11, 2012
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