U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk
5107 leesburg Pike, Suite 2000 Falls Cli11rch. Virginia 20530

Reardon, John E. Jr., Esq. Reardon Law Group 3291 Peoria St., Suite D Aurora, CO 80010

OHS/ICE Office of Chief Counsel 12445 East Caley Avenue Centennial, CO 80111-5663

DEN

Immigrant & Refugee Appellate Center | www.irac.net

Name: GRACIA-CERDA, LAURA ELIZA...

A 089-823-448

Date of this notice: 10/28/2013

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

Dowu.. ctVvV
Donna Carr Chief Clerk

Enclosure Panel Members: Holmes, David 8.

yungc Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Laura Elizabeth Gracia-Cerda, A089 823 448 (BIA Oct. 28, 2013)

Executive Office for Immigration Review Falls Church, Virginia 20530

U.S. Department of Justice

Decision of the Board of Immigration Appeals

File:

A089 823 448 - Denver, CO

Date:

OCT J 8 2013

In re: LAURA ELIZABETH GRACIA-CERDA
IN REMOVAL PROCEEDINGS

MOTION

Immigrant & Refugee Appellate Center | www.irac.net

ON BEHALF OF RESPONDENT: John E. Reardon, Jr. , Esquire ON BEHALF OF DHS: Christy Romero Assistant Chief Counsel

The Board on August 14, 2013, dismissed the respondent's appeal. Immigration and Nationality Act, 8 U.S.C. abuse.

She was found ineligible

for cancellation of removal for certain nonpermanent residents, under section 240A(b) of the

§ 1229b(b), based on a Colorado conviction for child
The

The respondent filed a timely motion to reconsider on September 12, 2013.

respondent seeks to have the proceedings remanded to the Immigration Court in light of the decision of the United States Court of Appeals for the Tenth Circuit in Ibarra v. Holder,_ F.3d

_, 2013 WL 3490753 (10th Cir. July 12, 2013). The Department of Homeland Security (the
"DHS") states that it does not oppose the motion to reconsider, and agrees that the record should be remanded to the Immigration Court for further consideration of the respondent's eligibility for cancellation of removal. The motion will, therefore, be granted.

ORDER: The respondent's motion to reopen is granted, and the record is remanded to the Immigration Judge for further proceedings.

FOR THE BOARD

-

Cite as: Laura Elizabeth Gracia-Cerda, A089 823 448 (BIA Oct. 28, 2013)

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