... .

Vashistha, Anish., Esq
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
Office of the Clerk
5107 Leesb11rg Pike, Suite 2000
Falls Ch11rch, Virginia 22041
Law Firm of Leon Hazany & Assoc., APLC
5670 Wilshire Blvd., Suite 1730
DHS Litigation, Mira Lorna Facility
45100 N. 60th St., West
Lancaster, CA 93536
Los Angeles, CA 90036
Name: LIBRES, JIMMY AMPONG A045-232-847
Date of this notice: 9/28/2012
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Miller, Neil P.
Sincerely,
Donna Carr
Chief Clerk
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Cite as: Jimmy Ampong Libres, A045 232 847 (BIA Sept. 28, 2012)
LIBRES, JIMMY AMPONG
45100 N. 60TH STREET. WEST
LANCASTER, CA 93536·0000
Name: LIBRES, JIMMY AMPONG
U.S. Department of Justice
Executive Office for Immigration Review
Board of Immigration Appeals
Office of the Clerk
5107 Leesb11rg Pike, Suite 2000
Falls Church, Virginia 22041
DHS Litigation, Mira Lorna Facility
45100 N. 60th St., West
Lancaster, CA 93536
A045·232 ·84 7
Date of this notice: 9/28/2012
Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney 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
from the United States or affirms an Immigration Judge's decision ordering that you be
removed, any petition for review of the attached decision must be filed with and received by the
appropriate court of appeals within 30 days of the date of the decision.
Enclosure
Panel Members:
Miller, Neil P.

Dortn.LCaAAJ
Donna Carr
Chief Clerk
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Cite as: Jimmy Ampong Libres, A045 232 847 (BIA Sept. 28, 2012)
· U.S. Department of Justice
Executive• Office for Immigration Review
Falls Church, Virginia 22041
File: A045 232 847 - Lancaster, CA
In re: JIMMY AMPONG LffiRES
IN REMOVAL PROCEEDJNGS
MOTION
Decision of the Board of Immigration Appeals
Date:
SEP 2 8 2012
ON BEHALF OF RESPONDENT: Anish Vashistha, Esquire
APPLICATION: Reconsideration
ORDER:
The respondent has filed a "motion to reconsider" the Board's July 13, 2012, decision denying his
motion to reopen proceedings in which the Board dismissed his appeal on December 18, 2000. As
the Department ofHomeland Security has not responded to the motion, it is deemed unopposed. 8
C.F.R. § 1003.2(g)(3). The record is remanded.
In his motion the respondent has not identified any error in the Board's prior decision. Rather,
he submits and asks for consideration of a letter from Anne Catherine Nudson, a California Deputy
District Attorney (Motion, Tab B). As such, the motion is more accurately identified as one seeking
reopening. Matter of 0-S-G-, 24 I&N Dec. 56 (BIA 2 0 0 6 ) ~ Matter of Coelho, 20 I&N Dec. 464
(BIA 1992); 8 C.F.R. §§ 1003.2(b), (c). It is both statutorily time and number-barred.
Section 240(c)(7) of the Immigration and Nationality Act, 8 U.S.C. § 1229a(c)(7); 8 C.F.R. §
1003.2(c)(2). The letter written by Ms. Nudson states that she was not the prosecuting attorney in
the respondent's criminal case, and that her statements are based on her review of the Court Docket
and Minutes as her office does not have the respondent's file or any other documentation regarding
the case. She states that, from her review of the Court Docket and Minutes, that the respondent had
only been convicted of violating California Penal Code Section 415( a), and not California Health and
Safety Code Section 11550(a).
In light of the significance of this letter, and given the varying evidence regarding the respondent's
conviction history as noted in our prior decision, we find it appropriate to sua sponte reopen and
remand the record to afford an Immigration Judge the opportunity to review and evaluate this new
evidence. Matter of J-J-, 21 I&N Dec. 976 (BIA 1997); 8 C.F.R. § 1003.2(a). According, the
motion is granted, and the record is remanded to the Immigration Judge for further review and the
entry of a new decision.
=
FOR THE BOARD
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Cite as: Jimmy Ampong Libres, A045 232 847 (BIA Sept. 28, 2012)

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