U.S.

Department of Justice
Executive Office for Immigration Review

Board of Immigration Appeals

Office ((the Clerk
5107 leesburg Pike. Smte 2000
Falls Church. Virginia 20530

OHS/ICE Office of Chief Counsel - CHL

Attorney at Law
313 South Blount Street #200A
Raleigh, NC 27601

5701 Executive Ctr Dr., Ste 300

Charlotte, NC 28212

Name: MENDY, MOSES

A 096-598-212

Date of this notice: 11/21/2014

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

DOWtL ct1/v\J
Donna Carr
Chief Clerk

Enclosure
Panel Members:
Manuel, Elise

Usertea m: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Moses Mendy, A096 598 212 (BIA Nov. 21, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

Hester, John F., Jr.

r ,

U.S Department of Justice

.Executive Office for Immigration Review
Falls Church,

File:

Decision of the Board of Immigration Appeals

Virginia 20530
Date:

A096 598 212-Charlotte, NC

NOV 212014

In re: MOSES :MENDY

APPEAL
ON BEHALF OF RESPONDENT:

John F. Hester Jr., Esquire

ON BEHALF OF DHS:

Caroline Youngblade
Assistant Chief Counsel

APPLICATION: Continuance; voluntary departure

The respondent has filed a timely appeal of the Immigration Judge's January 31, 2013,
decision finding him removable as charged and ineligible for any relief from removal. The
record will be remanded.
As an initial matter, we point out that the Immigration Judge did not prepare a separate oral
or written decision in this matter setting out the reasons for the decision. An explanation of the
reasons in the transcript is not sufficient. See Matter of A-P-, 22 I&N Dec. 468 (BIA 1999).
Under such circumstances, we ordinarily would return the record to the Immigration Judge for
preparation of a full decision. However, in this case, it is also apparent from a review of the
transcript that the Immigration Judge did not consider the respondent's eligibility for relief for
which he was apparently eligible and did not give him a full opportunity to apply for relief (Tr.
at 35-40). 8 C.F.R. 1240.1 l(aX2); see also Matter of Martinez-Espinoza, 25 I&N Dec. 118
(BIA 2009) (finding that an alien inadmissible for a drug paraphernalia offense may qualify for a
waiver of inadmissibility under section 212(h) of the Act if the offense "relates to a single
offense of simple possession of 30 grams or less of marijuana"); Matter of Abosi, 24 I&N Dec.
204 (BIA 2007) (finding that a returning lawful pennanent resident may seek a 212(h) waiver of
inadmissibility without applying for adjustment of status). Given that the respondent has
submitted new evidence on appeal that appears to show his 2010 conviction for possession of
drug paraphernalia related to possession of 1.5 grams of marijuana, such that he may qualify for
a section 212(h) waiver, we find that a remand is warranted to allow the respondent a full
opportunity to apply for relief from removal, including the consideration of new evidence, and
for the entty of a decision that reflects consideration of all factual and legal issues. Accordingly,
the following order is entered.
ORDER: The Immigration Judge's decision of January 31, 2013, is vacated, and the record
is remanded for further proceedings in accordance with the foregoing opinion.

FOR THE BOARD .

Cite as: Moses Mendy, A096 598 212 (BIA Nov. 21, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

IN REMOVAL PROCEEDINGS

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..

--'

IMMIGRATION COURT

5701 EXECUTIVE CENTER DR.

CHARLOTTE,

NC

In the Matter of
MENDY,

#400

28212

Case No.:

MOSES

A096-598-212

IN REMOVAL

Respondent

PROCEEDINGS

ORDER OF THE IMMIGRATION JUDGE

proceedi

s solely for the convenience of the parties.

should be appealed or reopened,

If the

the oral decision will become

cial opinion in the case.

The respondent was ordered removed from the United States to
GAMBIA

in

tl'I 8

alt

aI

j JI

J
Respondent's application for voluntary departure was denied and
O:J!I

respondent was ordered removed to GAMBIA or in the

alternative to .
Respondent's application for voluntary departure was granted until
upon posting a bond in the amount of

with an alternate order of removal to GAMBIA.

Respondent's application for:

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Asylum was (

)gran,ted

)denied(

WithhoJ.ding of removal was (

)withdrawn.

)granted (

) denied

___

)withdrawn.

Respondent's application for:.

) withdrawn.

A Wai.ver unde_5.,. 'Section

was (
)granted (
)denied
{
)withdrawn.
Cancella-tion of removal under section 2.40A(a) was (
). granted
(
)denied

Cancellation under section 240A(b)(1) as (

(

) withdrawn.

If granted,

) granted

) denied

it is ordred that the respondent be

all appropriate documents necessary to give effect to this order.

Cancellation under section 240A(b} (2) was
(

}withdrawn.

)granted

ssued

)denied

If granted it is ordered that the respondent be issued

all appropriated documents necessary to give effect to this order.

Adjustment of Status under Section

)withdrawn.

was

)granted

}denied

If granted it is ordered that the respondent be issued

all appropriated documents necessary to give effect to this order.

Respondent's application of (

) withholding of removal

{.

) deferral of

removal under Article III of the Convention Against Torture was

(

) granted

denied

'1:,.
""'-

withdrawn.

Respondent's status was rescinded under section 246.

Respondent is admitted to the United States as a

As a condition of admission,

respondent is to post a

until --$ ----- bond.

Respondent knowingly filed a frivolous asylum application a.fter proper

notice.

Respondent was advised of the limitation on discretionary relief for

failure to appear as ordered in the Immigration Judge's oral d

Proceedings were terminated.
Other:
Date:

Jan 31,

2013

Immigration
Appeal:

Waived

Immigrant & Refugee Appellate Center | www.irac.net

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This is a summary of the oral decision entered on

This rnemorand