In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings in light of newly submitted evidence that the respondent's criminal sentence was reduced to 364 days, thereby rendering his conviction no longer an aggravated felony under Matter of Cota-Vargas, 23 I&N Dec. 829 (BIA 2005). The decision was written by Elise Manuel.
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings in light of newly submitted evidence that the respondent's criminal sentence was reduced to 364 days, thereby rendering his conviction no longer an aggravated felony under Matter of Cota-Vargas, 23 I&N Dec. 829 (BIA 2005). The decision was written by Elise Manuel.
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings in light of newly submitted evidence that the respondent's criminal sentence was reduced to 364 days, thereby rendering his conviction no longer an aggravated felony under Matter of Cota-Vargas, 23 I&N Dec. 829 (BIA 2005). The decision was written by Elise Manuel.
8630 Fenton Street, Suite 932 Silver Spring, MD 20910-0000 Name: NELSON, JEFFRY U.S. Department of Justice Executive Ofce fr Immigration Review Board of Immigration Appeals Ofce of the Clerk 5/07 lceb11rg /ike, S11ite 2000 Fls Ch11rch, Vrginia 22041 OHS/ICE Ofice of Chief Counsel - BAL 31 Hopkins Plaza, Room 1600 Baltimore, MD 21201 A 058-001-093 Date of this notice: 7/31/2013 Enclosed is a copy of the Board's decision and order in the above-refrenced case. Enclosure Panel Members: Manuel, Elise Sincerely, Do CC Donna Carr Chief Clerk lucasd Userteam: Docket I m m i g r a n t
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w w w . i r a c . n e t Cite as: Jeffry Nelson, A058 001 093 (BIA July 31, 2013) NELSON, JEFFRY A058-001-093 WCDC 5011 JOYNER RD SNOW HILL, MD 21863 Name: NELSON, JEFFRY U.S. Department of Justice Executive Ofce fr Immigration Review Board of Immigration Appeals Ofce of the Clerk 5/07 l.eesb11rg Pike, S11ite 2000 Fals Cl111rcl1. Vrginia 2 2041 OHS/ICE Ofice of Chief Counsel BAL 31 Hopkins Plaa, Room 1600 Baltimore, MD 21201 A 058-001-093 Date of this notice: 7 /31/2013 Enclosed is a copy of the Board's decision in the above-refrenced case. This copy is being provided to you as a courtesy. Your attorey 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 fom the United States or afrms an Immigration Judge's decision ordering that you be removed, any petition fr review of the attached decision must be fled with and received by the appropriate court of appeals within 30 days of the date of the decision. Enclosure Panel Members: Manuel, Elise Sincerely, DOc O Donna Carr Chief Clerk lucasd Useream: Docket I m m i g r a n t
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w w w . i r a c . n e t Cite as: Jeffry Nelson, A058 001 093 (BIA July 31, 2013) U..Depaent of Jus EeOc fr g0oeRe Douo t B of goep FalOV@22M! File: A058 001 093 -Batimore, ! I re: NSON I ROVA PROCEEIGS MOTION Date: ON BE OF RESPONDEN: Jaime Winthuysen Aparsi, Esquire CHGE: JUL 31 20\3 Notce: Se. 237(a)(2XA)(iii), IN Act [8 U.S. C . 1227(a)(2 )(A)(iii)] - Convicte of ag avate felony APPLICATION: Repening This matte was m before this Boad on April 18, 2013, when this Boad dismisse the respondent's appel fom the Immigon Judge's deision denying the repondent a connuance s that he could pursue a colateral attack on his criminal cnviction fr asult in the send dee. Te respondent fle a tmely moton to repe accompanied by evidence that the Distct Cour of Mryland for Mongomer Count reonsidee his sntece ad modife his sentence t a suspende te of 36 days' imprisonmen fr his ofense. Te Deparen of Homelad Serity not respnded t the moton. The evidence of a reuction in sentence is maerial to the repondent's removability unde setion 237(a)(2XA)(iii) of the Immigon and Natonality A 8 U.S.C. 1227(a)(2XA)(iii). While the rerd indicates that the stence may have been reduced slely to avoid the immigation conseuences of the respondet's conviction (Tr. a 25-28, 36), a reuced senence is regir as valid fr purses of the immigraton law without regard to the tial cur's reons fr ef eting the reucton. ccm crof Cota-Vaga, 23 lN De. 829 (I 2005). The new evidence demonstes mthe repondet is no longer removable as che, a he has no longe been sentenc to "at least one yea for his aslt ofens. Acordingly, this Boad wgt reping put t 8 C.F.R 1003.2(c)(1). A the repondent is no longe removable on the single chge cntae in the Notc to Appe, this Boad fnds teron of the i prengs appropriae. Accrdinly, the fllowing orders will be ente. ORDE: Te motion to repen is gte. FJORER: The re. FOR T BOA I m m i g r a n t
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w w w . i r a c . n e t Cite as: Jeffry Nelson, A058 001 093 (BIA July 31, 2013)