U.S.

Department of Justice
Executive Office for Immigration Review Board of Immigration Appeals Office of the Clerk
5107 Leesburg Pike, Suite 2000 Falls Church. Virginia 22041

Mirhosseini, Bahar, Esquire The Legal Aid Society of NY 199 Water Street, 3rd Floor New York, NY 10038

OHS/ICE Office of Chief Counsel - NYD 201 Varick, Rm. 1130 New York, NY 10014

Immigrant & Refugee Appellate Center | www.irac.net

Name: CASTILLO, JULIAN RICARDO

A 041-590-059

Date of this notice: 11 /6/2012

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

DOn.ttL cwvu
Donna Carr Chief Clerk Enclosure
Panel Members: Pauley, Roger

Userteam: Docket

Cite as: Julian Ricardo Castillo, A041 590 059 (BIA Nov. 6, 2012)

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 22041

CASTILLO, JULIAN RICARDO A041-590-059 HUDSON COUNTY JAIL 30-35 HACKENSACK AVENUE KEARNY, NJ 07032

OHS/ICE Office of Chief Counsel - NYD 201 Varick, Rm. 1130 New York, NY 10014

Immigrant & Refugee Appellate Center | www.irac.net

Name: CASTILLO, JULIAN RICARDO

A 041-590-059

Date of this notice: 11/6/2012

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. Sincerely,

DCnrtL
Donna Carr Chief Clerk Enclosure
Panel Members: Pauley, Roger

t1/lA)

Userteam: _ __

Cite as: Julian Ricardo Castillo, A041 590 059 (BIA Nov. 6, 2012)

U.S. Department of Justice

Exec'otive Office for Immigration Review
Falls Chmch, Vrrginia 22041

Decision of the Board of Immigration Appeals

File: A04 l 590 059 - New York, NY

Date:

NOV -8 Z012

In re: JULIAN RICARDO CASTILLO a.k.a. Julian R. Castillo a.k.a. Julian Castillo

IN REMOVAL PROCEEDINGS APPEAL ON BEHALF OF RESPONDENT: CHARGE: Notice: Sec. Lodged: Sec. 237(a)(2)(A)(iii), I&N Act [8 U.S.C. 1227(a)(2)(A)(iii)] Convicted of aggravated felony (as defined in section 10l(a)(43)(F)) 237(a)(2)(A)(iii), l&N Act [8 U.S.C. 1227(a)(2)(A)(iii)] Convicted of aggravated felony (as defined in section l0l(a)(43)(U)) Bahar Mirhosseini, Esquire

Immigrant & Refugee Appellate Center | www.irac.net

APPLICATION: Termination; continuance

The Immigration Judge, in his June 14, 2012, decision, concludes that the respondent is removable for having been convicted of an aggravated felony. The record shows that the respondent did not concede this charge. The respondent, on appeal, contends that the Department ofHomeland Security (DHS) has not proven by clear and convincing evidence that he is removable as charged. However, rather then setting out in his written decision in this matter the reasons for his conclusion that the respondent is removable for having been convicted of an aggravated felony, as defined in sections 10l(a)(43)(F) and (U) ofthe Immigration and Nationality Act, 8 U.S.C. 110l(a)(43)(F), (U), the Immigration Judge refers to Exhibit 2 as documentation of the respondent's record of conviction (l.J. at 2); reference to an exhibit is not sufficient. We find that the Immigration Judge has failed to provide sufficient findings of fact and legal reasons for his conclusion as to the respondent's removability. See generally Matter ofM-P-, 20 I&N Dec. 786, 787 (BIA 1994). Therefore, the record will be remanded to the Immigration Judge for preparation of a full decision. Upon preparation ofthe full decision the Immigration Judge shall issue an order administratively returning the record to the Board. The Immigration Judge shall serve the administrative return order on the respondent and the OHS. The Board will thereafter give the parties an opportunity to submit briefs in accordance with the regulations. ORDER: The record is returned to the Immigration Court for further action as required above.

Cite as: Julian Ricardo Castillo, A041 590 059 (BIA Nov. 6, 2012)