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Lamin Manjang, A096 803 746 (BIA Oct. 23, 2013)

Lamin Manjang, A096 803 746 (BIA Oct. 23, 2013)

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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the immigration judge did not prepare a separate decision setting forth his reasoning. On remand, the Board advised the immigration judge to consider Matter of Silitonga, 25 I&N Dec. 89 (BIA 2009), and Matter of Arrabally & Yerrabelly, 25 I&N Dec. 771 (BIA 2012), in evaluating the charges of removability and the respondent’s eligibility for adjustment of status. The decision was written by Member Edward Grant.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the immigration judge did not prepare a separate decision setting forth his reasoning. On remand, the Board advised the immigration judge to consider Matter of Silitonga, 25 I&N Dec. 89 (BIA 2009), and Matter of Arrabally & Yerrabelly, 25 I&N Dec. 771 (BIA 2012), in evaluating the charges of removability and the respondent’s eligibility for adjustment of status. The decision was written by Member Edward Grant.

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Published by: Immigrant & Refugee Appellate Center, LLC on Nov 05, 2013
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12/24/2013

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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

OHS/ICE Office of Chief Counsel - CHL 5701 Executive Ctr Dr., Ste 300 Charlotte, NC 28212

Immigrant & Refugee Appellate Center | www.irac.net

Name: MANJANG, LAMIN

A 096-803-746

Date of this notice: 10/23/2013

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

DOrutL t!Wv'L)
Donna Carr Chief Clerk

Enclosure Panel Members: Grant, Edward R.

schuckec Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Lamin Manjang, A096 803 746 (BIA Oct. 23, 2013)

U.S. Department of Justice
Executive Office for Immigration Review Falls Church, Virginia 22041

Decision of the Board oflmmigration Appeals

File:

A096 803 746-Charlotte, NC

Date:

OCT. II Z013

In re: LAMIN MANJANG IN REMOVAL PROCEEDINGS APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Pro se

Immigrant & Refugee Appellate Center | www.irac.net

Scott D. Criss Assistant Chief Counsel

The respondent has appealed from the Immigration Judge's decision dated January 5, 2012. The Immigration Judge did not prepare a separate oral or written decision in this matter setting forth the reasons for his decision ordering the respondent removed to the Gambia. The explanation of the reasons contained in the transcript is not sufficient pursuant to our decision in Matter ofA-P-, 22 I&N Dec. 468 (BIA 1999), which requires that the record include a complete decision of the Immigration Judge in a manner that clearly separates it from the transcript of the proceedings. The Board is unable to review this case effectively without a complete record of proceedings which should include a decision setting forth the Immigration Judge's findings of fact and conclusions of law, including with respect to the respondent's removability. Under these circumstances, we find it appropriate to remand the record to the Immigration Judge for preparation of a full decision. See Matter ofA-P-, supra. In particular, with respect to the Department of Homeland Security's charges of removability and the respondent's claims to adjustment of status, the Immigration Judge should consider this Board's decisions in Matter ofSilitonga, 25 I&N Dec. 89 (BIA 2009), and Matter ofArrabally & Yerrabe/ly, 25 I&N 1 Dec. 771 (BIA 2012). The respondent and the Department of Homeland Security should be served with a copy of the decision and should thereafter be given an opportunity to submit briefs in accordance with the regulations. Accordingly, the following order will be entered. ORDER: The record is remanded e Immigration Court for further proceedings

consistent with the foregoing decision.

After

reviewing

this

Board's

decisions

in

Matter

of

Silitonga

and

Matter ofArrabally & Yerrabelly, the Immigration Judge may, if appropriate, reconsider his prior decision and reopen these proceedings for further development of the record.

Cite as: Lamin Manjang, A096 803 746 (BIA Oct. 23, 2013)

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IMMIGRATION COURT 5701 'EXECUTIVE CENTER DR. #400 CHARLOTTE, NC 28212 A096-803-746

In the Matter of MANJANG, LAMIN

Case No.: Respondent

IN REMOVAL PROCEEDINGS ORDER OF THE IMMIGRATION JUDGE

This is a sununary of the oral decision entered on proceedin the of [
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This memorandum is solely for the convenience of the parties. hould be appealed or reopened, ial opinion in the case.

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Immigrant & Refugee Appellate Center | www.irac.net

If the

the oral decision will become

The respondent was ordered removed from the United States to
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Respondent's application for voluntary departure was denied and respondent was ordered removed to alternative to . Respondent's ap�lication for voluntary departure was granted until upon posting a bond in the amount of Respondent's application for: [ [ [ [ ] ] ] ] Asylum was ( )granted )denied( was { )withdrawn. }denied { ( )withdrawn. )withdrawn. )denied )granted )granted { )denied Withholding of removal was A Waiver under Section ( )withdrawn. ) granted ) denied }granted ( or in the

$

with an alternate order of removal to .

Cancellation of removal under section 240A{a) was

Respondent's application for: Cancellation under section 240A(b){1) was ( ( ) withdrawn. If granted, it is ordered that the respondent be issued ( )granted ( )denied

all appropriate documents necessary to give effect to this order. Cancellation under section 240A(b) (2) was ( }withdrawn. If granted it is ordered that the was ( respondent be issued ( }denied

all appropriated documents necessary to give effect to this order. Adjustment of Status under Section ( )withdrawn. )granted If granted it is ordered that the respondent be issued ) withholding of removal ) withdrawn. until bond.

all appropriated documents necessary to give effect to this order. Respondent's application of ( ( ) granted ( ) denied (

{

) deferral of

removal under Article III of the Convention Against Torture was Respondent's status was rescinded under section 246. Respondent is admitted to the United States as a As a condition of admission, notice. Respondent was advised of the limitation on discretionary relief for failure to appear as ordered in the Immigration Ju Proceedings were terminated. Other: Date: Jan 5, 2012 's oral dec'sion. respondent is to post a

$

Respondent knowingly filed a frivolous asylum application after proper

Appeal:

peal Due By:

Cite as: Lamin Manjang, A096 803 746 (BIA Oct. 23, 2013)

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