FRIEDMAN, Jeremiah, Esquire

Kaplan, Friedman & Associates, LLP

295 DEVONSHIRE, 6TH FLOOR
Boston, MA 0211 00000
Name: STAMBOLLIU, SOKRAT
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
DHS/ICE Office of Chief Counsel BOS
P .0. Box 8728
Boston, MA 02114
A200-548-126
Date of this notice: 11/28/2011
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Pauley, Roger
Sincerely,
Donna Carr
Chief Clerk
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Cite as: Sokrat Stambolliu, A200 548 126 (BIA Nov. 28 2011)
STAMBOLLIU, SOKRAT (A200 548126)
26 LONG POND ROAD
PLYMOUTH, MA 02360
Name: STAMBOLLIU, SOKRAT
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
DHS/ICE Office of Chief Counsel - BOS
P .0. Box 8728
Boston, MA 02114
A200-548-126
Date ofthis notice: 11/28/2011
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:
Pauley, Roger
Sincerelv.
DcnrtL CtYVLJ
Donna Carr
Chief Clerk
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Cite as: Sokrat Stambolliu, A200 548 126 (BIA Nov. 28 2011)
LJ.S. Department of Justice
Executive Office for Immigration Review
Decision of the Board of Immigration Appeals
Falls Church, Virginia 2204 I
File: A200 548 126 - Boston, MA Date:
In re: SOKRA T ST AMBOLLIU a.k.a. Albert Kapllanaj
IN REMOVAL PROCEEDINGS
APPEAL
ON BEHALF OF RESPONDENT: Jeremiah Friedman, Esquire
ON BEHALF OF DHS: Mama M. Rusher
Assistant Chief Counsel
CHARGE:
NOV 2 8 20'1
Notice: Sec. 212(a)(6)(A)(i), I&N Act [8 U.S.C. 1182(a)(6)(A)(i)]-
Present without being admitted or paroled
The Department of Homeland Security ("DHS") appeals the decision of the Immigration Judge
dated August 9, 2011, terminating these removal proceedings. The record will be remanded.
We review Immigration Judges' findings of fact for clear error, but questions of law, discretion,
and judgment, and all other issues in appeals, de novo. 8 C.F.R. 1003.1(d)(3)(i), (ii). There is
clear error in a factual finding when we are left with the definite and firm conviction that a mistake
has been made. Matter of R-S-H-, 23 I&N Dec. 629,637 (BIA 2003); see also United States v. U.S.
Gypsum Co., 333 U.S. 364, 395 (1948).
The respondent, a native and citizen of Albania, testified that he entered the United States at
Miami, Florida, while in possession of a fraudulently obtained Slovenian passport (I.J. at 3;
Tr. at 3 7, 41 ). He also presented a copy of the fraudulent passport that he allegedly used to enter the
United States (I.J. at 3; Exh. 3). While we recognize the DHS's concerns over the respondent's
credibility, we are unable to find clear error in the Immigration Judge's explicit positive credibility
finding (I.J. at 3). We are also satisfied that the respondent's credible testimony, coupled with the
evidence presented, is sufficient to support a finding that the respondent is an alien who has been
admitted to the United States, and, therefore, subject to removal on the grounds of removability set
forth in section 237 of the Immigration and Nationality Act, 8 U.S.C. 1227, as opposed to the
grounds of inadmissibility set forth in section 212 ofthe Act, 8 U.S.C. 1182. See section 291 of
the Act, 8 U.S.C. 1361; Matter ofQuilantan, 25 I&N Dec. 285 (BIA 2010). As the DHS has not
charged the respondent with removability under section 23 7 of the Act, termination of these removal
proceedings was proper.
Nonetheless, the respondent appears to be an alien who is present in the United States in
violation of the immigration laws of this country. Accordingly, we deem it appropriate to remand
this matter to the Immigration Judge to provide the DHS the opportunity to lodge additional factual
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Cite as: Sokrat Stambolliu, A200 548 126 (BIA Nov. 28 2011)
A200 548 126
allegations and charges of deportability under section 237 ofthe Act.
1
See 8 C.F.R. 1003.30,
1240.1 0( e). If removability is established, the Immigration Judge should determine if the respondent
is eligible for any form of relief from removal.
We note that the Immigration's Judge's factual findings support a legal conclusion that the
respondent has been admitted to the United States under the visa waiver program. As such, the
respondent shall be removed from the United States, without referral to an Immigration Judge for
a determination of deportability, once an immigration officer has determined that (1) the respondent
has been admitted to the United States under the visa waiver program and (2) the respondent is
deportable from the United States under one or more of the grounds of deportability listed in section
23 7 of the Act. 8 C. F. R. 21 7. 4(b )( 1). In this case, the record does not indicate that an immigration
officer has made such a determination. Until such conditions are satisfied, we conclude that the
DHS may continue to pursue the respondent's removal from this country in the course of these
removal proceedings. Cf Matter of Kanagasundram, 22 I&N Dec. 963 (BIA 1999) (holding that,
once an immigration officer denies an alien's application for admission into the United States under
the visa waiver pilot program, proceedings "must" be commenced with a Notice of Referral to
Immigration Judge (Form 1-863)).
For the reasons set forth above, the following order is entered.
ORDER: The record is remanded to the Immigration Court for further proceedings consistent
with the foregoing opinion and for the entry of a new decision.
1
Should the DHS decline such an opportunity, termination of removal proceedings would be
appropriate as the respondent has overcome the presumption that he entered the United States
without inspection.
2
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Cite as: Sokrat Stambolliu, A200 548 126 (BIA Nov. 28 2011)

IN THE REMOVAL CASE OF
STAMBOLLIU, SOKRAT

: . .;.:.,
UNITED STATES IMMIGRATION COURT
JFK FEDERAL BLDG., ROOM 320
BOSTON, MA 02203
CASE NO.: A200-548-126
-., RESPONDENT
'
ORDERS
is a memorandum of the Court's Decision and Orders entered on
Au&) v 1 1; 7 a I) This memorandum is solely for the
convenience of the parties. The oral or written Findings, Decision
and Orders is the official opinion in this case. ( ) Both parties
waived issuance of a formal oral decision in the case.
The respondent was ordered REMOVED from the United States to
( } in absentia.
Respondent's application for VOLUNTARY DEPARTURE was DENIED and
respondent was ordered removed to , in the
alternative to
Respondent's application for VOLUNTARY DEPARTURE was GRANTED until
upon posting a voluntary departure bond in the amount
of $ to DHS within five business days from the date of this
Order, with an alternate Order of removal to
or Respondent shall present to DHS within
) thirty days ) sixty days from the date of this Order, all
necessary travel documents for voluntary departure.
Respondent's application for ASYLUM was ( ) granted ) denied
( ) withdrawn with prejudice.
( ) subject to the ANNUAL CAP under the INA section 207(a) (5).
( ) Respondent knowingly filed a FRIVOLOUS asylum application.
Respondent's application for WITHHOLDING of removal under INA
section 241(b) (3} was ( ) granted ( } denied ( ) withdrawn with
prejudice.
Respondent's application for WITHHOLDING of removal under the Torture
Convention was ( ) granted ( ) denied } withdrawn with prejudice.
Respondent's application for DEFERRAL of removal under the Torture
Convention was ( ) granted ( ) denied ( ) withdrawn with prejudice.
Respondent's application for CANCELLATION of removal under section
( ) 203 (b) of NACARA, ( ) 240A(a} } 240A(b) (1) ( ) 240A(b) (2)
of the INA, was ( ) granted ( ) denied l withdrawn with prejudice.
If granted, it was ordered that the DHS issue all appropriate documents
necessary to give effect to this Responde.nt ( ). is ( )-is not
subject to the ANNUAL CAP INA section 240A(e) .
Respondent's application for a WAIVER under the INA section
was ( ) granted ( ) denied ( } withdrawn or
) other ( ) The conditions imposed by
INA section 216 on the repondent's permanent resident status were removed.
Respondent.' s application for ADJUSTMENT of status under section
of the ( } INA ( } NACARA ( } was
( l granted ( l denied ( } withdrawn with prejudice. If granted,
it was ordered that DHS issue all appropriate documents necessary to
give effect to this Order.
CASE NUMBER: 200-548-126 RESPONDENT: STAMBOLLIU, SOKRAT
Respondent's status was RESCINDED pursuant to the INA section 246.
Respondent's motion to WITHDRAW his application for admission was
J vrf Z
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.,
) granted denied. If respondent fails to abide by any of
the conditions directed by the district director of DRS, then the
alternate Order of removal shall become immediately effective without
further notice or proceedings: the respondent shall be removed from
the United States to
Respondent was ADMITTED as a until
As a condition of admission, the respondent was
bond ..
) without prejudice
ordered to post a $
[ )<) Case was ()() TERMINATED ) with
( ) ADMINISTRATIVELY CLOSED.
Respondent was orally advised of the LIMITATI9N on discretionary
relief and consequences for failure to depart as ordered.
[ ] If you fail to voluntarily depart when and as required, you shall
be subject to civil money penalty of at least $1,000, but not more than
$5,000, and be ineligible for a period of 10 years for any further
relief under INA sections 240A, 240B, 245, and 248 {INA Section 240B{d)).
[ ] If you are under a final order of removal, and if you willfully fail
or refuse to 1) depart when and as required, 2) make timely application
in good faith for any documents necessary for departure, or 3) present
yourself for removal at the time and place required, or, if you conspire
to or take any action designed to prevent or hamper your departure, you
shall be subject to civil money penalty of up to $500 for each day under
such violation. {INA section 274D(a)). If you are removable pursuant
to INA 237{a), then you shall further be fined and/or imprisoned for up
to 10 years. {INA section 243 {a) {1)).
Other:
Date: Aug 9, 2011
APPEAL:
) by
MATTHEW J. D'ANGELO, Judge
Respondent ) Both
DUE BY:
THIS WAS SERVED
TO : rQ] DRS [ -] ALIEN
DATE: BY:
CERTIFICATE OF - _- ,- -
B'W [ ] MAIL [ Yl PERSONAL SER:V.ICE
rff Alien's ATT/REP [ ] ALIEN Qf:t,ft:er
[ ] COURT STAFF [ l JUDGE,.. 'i _- c_ : -:_>:
....-. ,. ... ,
Y2
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