U.S.

Department of Justice
Executive Office for Immigration Review Board off111migratio11 Appeals 0.1/ice of the Clerk
51117 Leeshurg Pike. Suite ]{)IJIJ Fa//.\ C/111rc:h. Vi1gi11iu :!0530

Palladino, Ricky A., Esq. Solow, Isbell & Palladino

OHS/ICE Office of Chief Counsel - PHI

1601 Walnut Street, Suite 1523 Philadelphia, PA 19102

900 Market Street, Suite 346 Philadelphia, PA 19107

Immigrant & Refugee Appellate Center | www.irac.net

Name: MOORE, ROY GERALD

A 079-734-564

Date of this notice: 111812013

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

Do,1.J1A_, cf1;L,,"L}
Donna Carr Chier Clerk

E n clo sure Panel Members: Holmes, David B.

Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Roy Gerald Moore, A079 734 564 (BIA Nov. 8, 2013)

'.

·u.s. Department of Justice Executive Office for Immigration Review
Falls Church, V ir ginia 20530

Decision of the Board of Immigration Appeals

File:

A079 734 564- Philadelphia, PA

Date:

NOV -8 2013

In re: ROY GERALD MOORE IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF OHS: Ricky A. Palladino, Esquire

Immigrant & Refugee Appellate Center | www.irac.net

Pamela D. Ransome Assistant Chief Counsel

APPLICATION:

Reopening

This matter was last before the Board on June 5, 2013, at which time we dismissed the respondent's appeal. On July 31, 2013, the respondent filed a timely motion to reopen these proceedings urging that his 2009 conviction has been amended by the state court, which affects his eligibility for relief from removal. The Department of Homeland Security ("OHS") has filed a brief in opposition to the motion. The motion will be granted. The respondent's 2009 Pennsylvania conviction for driving under the influence of alcohol or a controlled substance was found to be an offense "relating to" a controlled substance, thus rendering the respondent ineligible for adjustment of status Immigration and Nationality Act, 8 U.S.C. § 1255(a). The respondent submits evidence with his motion demonstrating that, on June 25, 2013, the Court of Common Pleas of Delaware County, Pennsylvania, amended its earlier conviction to reflect that the respondent pied guilty on June 29, 2009, to Driving Under the Influence, 2nd Offense, Tier 3, based upon the respondent having a blood alcohol content of .160% or higher only and was not based upon the respondent having allegedly consumed a controlled substance under section 245(a) of the

(Afotion, Tab E). In view of the evidence submitted, it appears that the respondent no

longer stands convicted of an offense "relating to" a controlled substance under section 2 l 2(a)(2)(A)(i)(II) of the Act, 8 U.S.C. § 1 l82(a)(2)(A)(i)(II). The amended conviction may also impact upon other findings of the Immigration Judge relied upon in concluding that the respondent was ineligible for relief. We find it appropriate to reopen and remand for fmther development of the record in light of the new evidence presented and for further consideration of his inadmissibility. Accordingly, the motion to reopen will be granted and the record will be remanded to allow the respondent to apply for any relief for which he may currently establish eligibility. See 8 C.F.R. § l 245.2(a)(ii); see also Matter ofArrabally and Yerrabelly, 25 I&N Dec. 771 (BIA 2012).

Cite as: Roy Gerald Moore, A079 734 564 (BIA Nov. 8, 2013)

.

.

. . .

. A079 734 564

ORDER: The motion to reopen is granted. FURTHER ORDER: The record is remanded to the Immigration Court for further

proceedings consistent with the foregoing opinion.

FOR THE BOARD

Immigrant & Refugee Appellate Center | www.irac.net

2

Cite as: Roy Gerald Moore, A079 734 564 (BIA Nov. 8, 2013)

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