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Patricia Lino, A077 152 460 (BIA Feb. 25, 2014)

Patricia Lino, A077 152 460 (BIA Feb. 25, 2014)

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In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record sua sponte to consider the respondent’s eligibility for a waiver under INA 212(h) in light of the intervening decision in Negrete-Ramirez v. Holder, 741 F.3d 1047 (9th Cir. 2014), which held that the provision’s aggravated felony bar does not apply to applicants who adjusted to lawful permanent status post-entry. The decision was written by Member Roger Pauley and joined by Member Patricia Cole and Member Anne Greer.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record sua sponte to consider the respondent’s eligibility for a waiver under INA 212(h) in light of the intervening decision in Negrete-Ramirez v. Holder, 741 F.3d 1047 (9th Cir. 2014), which held that the provision’s aggravated felony bar does not apply to applicants who adjusted to lawful permanent status post-entry. The decision was written by Member Roger Pauley and joined by Member Patricia Cole and Member Anne Greer.

Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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Published by: Immigrant & Refugee Appellate Center, LLC on Mar 06, 2014
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Stanton, James A., Esq.

Stanton Law Group
900 Fort Street, Suite 1110
Honolulu, HI 96813
Name: LINO, PATRICIA
L.b. ÜcQBt¡RcH¡ ûÍJuS¡Îcc
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Qfice of the Clerk
5107 Lee.�burg Pike, S11i1e 2000
Falls Church, Vrginia 20530
DHS/ICE Ofice of Chief Counsel - HON
595 Ala Moana Boulevard
Honolulu, HI 96813-4999
A 077-152-460
Date of this notice: 2/25/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
|òDCÌ MCGDCl5.
LOÍÐ, |BÌ||C|B P.
|BUlÐy, ¬OgÐI
LIÐÐI, P0DÐ J.
Sincerely,
|o : tA
Do1ma Carr
Chief Clerk
U5C!|CòD: LOCKÐl
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Patricia Lino, A077 152 460 (BIA Feb. 25, 2014)
U.S. Department 0ÍJustice
Executive Ofce fr Immigation Review
Decision of the Board of Immigation Appeals

l
Falls Chm0h,Viginia ZÛ53Û
File: PÜ11 152 +ÚÜ " Honolulu, HI
In re: PATRICIA LIO
IN RMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Jaes A. Stanton, Esquire
ON BEHALF OF DHS: Chandu Latey
Assistant Chief Counsel
CHARGE:
Date:
Notice: Sec. 212(a)(2)(A)(i)(I), I&N Act [8 U
.
S
.C. § l
182(a)(2)(A)(i)(I)] -
Crime involving moral turpitude
APPLICATION: Waiver of inadmissibilit
FEB
2 5 2014
The respondent appeals fom an Immigration Judge's August !
¹
2012, decision ordering her
removed fom the United States. The Department of Homeland Security ("DHS") opposes the
appeal. The record will be remanded.
The respondent, a native and citizen of Belize and a lawfl permanent resident of the
United States, concedes that she is removable fom the United States as an alien convicted of a
crime involving moral turpitude. Sections 101 (a)(13 )(C)(v) and 212(a)(2)(A)(i)(I) of
the Immigration and Nationalit Act, 8 U.S.C. § § 11ÜÌ(a)(l 3)(C)(v), 1182(a)(2)(A)(i)(I).
Accordingly, te only issue on appeal is whether she qualifes fr a waiver of inadmissibility
under section 212(h) of the Act.
Te Immigration Judge fund the respondent ineligible fr section 2 Í2(h) relief pursuant to
the preclusive laguage appearing in that section's fnal paragraph, which states in relevant part
that "[n]o waiver shall be ganted under this subsection in the case of an alien who has
previously been admited to the United States a a alien lawflly admitted fr permanent
residence if .. . since the date of such admission the aien has been convicted of a aggravated
felony." According to the Immigration Judge, the respondent is subject to this preclusion because
she was convicted of a faud aggavated ÑIOny in 2003 afer her ðOmÎ88ÎOu !O !uW! permaent
resident status in 1999 (1.J. at +-7).
During the pendency of this appeal, the United States Court of Appeals fr the Ninth Circuit
held that the section 212(h) aggavated flony bar does not apply to individuals who obtained
lawfl permanent residence by means of adjustment of status afer entering the United States.
b00 Ì0g0l0-ÀumÍl02 v. Í0ÍJ0l, F.3d g 2014 ÝÍ Z11!Úö
¹
No. 10-71322, slip OQ. at 14
(holding that "[ o ]nly noncitizens who entered into the United States as ÍÎRs are barred fom
eligibility to apply fr the § 212
(h) waiver" by virtue of an aggravated felony conviction). The
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Cite as: Patricia Lino, A077 152 460 (BIA Feb. 25, 2014)
A077 152 460
Ö
Immigration Judge's decision contains no express fndings as to how the respondent acquired
LPR status; however, the respondent claimed below that she adjusted status fom within the
United States (Exh. ô¸ at 2), and the record contains no evidence to the contary. In light of
Ì0g0l0-ÀumÌl02, we deem it appropriate to remad this mater fr fher consideration of the
respondent's application fr a section 2 !2(h) waiver and fr entry of a new decision. Given this
disposition, moreover, we fnd it unnecessary to decide whether the respondent has a
aggravated flony conviction at tis time.
In conclusion, the respondent is removable a charged but in view of Ì0g0l0-ÀumÌl02we are
not convinced that she is ineligible fr section 2 !2(h) relief on the grounds relied upon by the
Immigration Judge. Accordingly, the record will be remanded fr frther proceedings.
ORDER: Te record is remanded fr frther proceedings consistent wit the fregoing
opinion and fr entry of a new decision.
�=l�
¬ FOR THE BOARD >
· Ì´+ 1
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Cite as: Patricia Lino, A077 152 460 (BIA Feb. 25, 2014)
���


\.b. ÏLÌPJ%LÌJ OF JUSTICE
EXECUTIVE OFFICE FOR IMIGRTON RVIEW
IMIGRTION COUT, HONOLULU, HAW P
In the Matter of:
Cae No.: ¬Ü11-1JZ-+ÚÜ
LINO, PATRICIA
Docket: Honolulu, HI (HON)
(Respondent)
Date: �7 ;O/�
ÜREMOVAL PROCEEDINGS
ORDER OF THE IMMIGRATION JDGE
This is a sumary of the oral decision solely fr the convenience of the parties. If the proceedings should be
app9led or reopened, the oral decision will become the ofcial opinion inthe case.
[v Respondent was ordeed removed fom the United States to 8e/; i e_
[ ] Respondent's application fr voluntary deparre was denied and respondent was ordered
removed to or in the alterative to

] Respondent's application fr voluntary deparre was granted until
upon posting o  a bond in the amount of$ within J business days and with an
alterate order of removal to . Respondent advised of limitations
on discretionay relief fr failure to appea as ordered in the Immigration Judge's oral decision.
[
] Respondent's application fr cancellation of removal under section Z+ܬ (a) was
( ) ganted ( ) denied ( ) withdrawn.
[
] Respondent's application fr cancellation of removal under section Z+ܬ (b) was
( ) ganted ( ) denied ( ) withdrawn ( ) reserved.
[
] Respondent's application fr a waiver under section of the ܬwas
( ) gated ( ) denied ( ) withdrawn .
. [
] Respondent's application fr adjustment of status under section of the ܬwas
( ) ganted ( ) denied ( ) withdrawn.
[ ] Respondent is admitted to the United States as a until  
[ ] Respondent's application fr asylum was ( ) ganted ( ) denie ( ) withdrawn.
If asylum ganted, see Bulletin Board fr Benefts and Responsibilities.
[ ] Respondent's application fr section Z+1 withholding of removal was
( ) ganted ( ) denied ( ) withdrawn.
[
] Withholding of Removal/Defrral of Removal under \ Torre Convention was
( ) granted ( ) denied ( ) withdrawn.
[
Your application is gated; you must contact OHS fr issuance of new documents.
[ Proceedings were teinated.
  ���
DAYNA þr~rr
Immigation Judge
__�Waved �ou·+·«·
��
( _ : o I ¯
Appea �

Post Order Instructions provided
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\

`
Alien No.: ^Ü77-1DZ-+OÜ Alien Name: LIO, Patricia
( ) Ì
( ) 2.
( ) 3.
(

4
.
LIMITATIONS ON DISCRETIONARY RELIEF FOR FAILURE TO APPEAR
You have been scheduled fr a removal hearing, at the time and place set frth on the attached
sheet. Failure to appear fr this hearing other than because of exceptional circumstances beyond
your control** will result in your being fund ineligible fr certain frms of relief under the Immigration
and Nationality Act (see Section A. below) fr a period of ten ( Ì0) years afer the date of entr of the
fnal order of removaJ.
You have been scheduled fr an asylum hearing, at the time and place set frh on the attached
notice. Failure to appear fr this hearing other than because of exceptional circumstances beyond
your control** will result in your being fund ineligible fr certain fnns of relief under the Immigration
and Nationality Act (see Section A. below) fr a period of ten (l 0) years fom the date of your scheduled
hearing.
You have been granted voluntary departure from the United State pursuant to section 240B of
the Immigration and Nationality Act, and remaining in the United States beyond the authorized
date will result in your being ineligible fr certain frms of relief under the Immigration and Nationality
Act (see Section P. below) fr ten (10) years fom the date of the scheduled departure.
Your voluntary departure bond, if any, will also be breached. Additionally, if you fil to voluntarily
depart the United States within the time period specifed, you shall be subject to a civil penalty
of not less than $1000 and not more than $5000.
An order of removal has been entered against you. If you fil to appear pursuant to a fnal order
of removal at the time and place ordered by the OHS, other than because of exceptional
circumstances beyond your control** you will not be eligible fr certain frms of relief under
the Immigration and Nationality Act (see Section A. below) fr ten ( l 0) years after the date
you are scheduled to appear.
**the term "exceptional circumstances" refrs to circumstances such as serious illness of the alien
or death of an immediate relative of the alien, but not including Jess compelling circumstances.
A. THE FORMS OF RELIEF FROM REMOVAL FOR WHICH YOU WILL BECOME INELIGIBLE ARE:
I) Voluntary departure as provided fr in section 2408 of the Immigration and Nationalit Act;
2) Cancellation of removal as provided fr in section 240A of the Immigration and Nationalit Act; and
3
) Adjustment of status or change of status as provided fr in Section 245, 248 or 249 of the Immigration
and Nationality Act.
This written notice was provided to the alien in English. Oral notice of the contents of this notice must
be given to the alien in his/her native language, or in a language he/she understands by the Immigration Judge.
Date: �¸7
Immigration Judge: or Court Clerk:
CERTIFICATE OF SERVICE
 :
THIS OLLLNÍN¯ WPS SERVED BY: N^IL (M) PERS9�AL 5IKNILL \
TO: [ ] AW/    ] ALIEN c/o Custodial Ofcer � Alien s

[ ¿OHS
DATE:

BY:·COURT STAFF
m �   m  
Attachments: [ ] EOIR-33 [ ] EOIR-28 [ ] Legal Services List [ X ] Other
ORDER
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