Gilberto Farias Cler, A204 045 294 (BIA Aug. 15, 2014) | Removal Proceedings | Public Law

Alexandre, Felipe, Esq.

Alexandre Law Firm
7031 Grand National Drive
Suite 109
Orlando, FL 32819
Name: CLER, GILBERTO FARIAS
U.S. Department of Justice
Executive Offce fr Immigration Review
Board of Immigration Appeals
Ofice of the Clerk
5 /07 Leesburg Pike, Suite 2000
Fals Church, Vrginia 20530
OHS/ICE Ofice of Chief Counsel - ORL
3535 Lawon Road, Suite 100
Orlando, FL 32803
A 204-045-294
Date of this notice:
8/15/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Kendall-Clark, Molly
Sincerely,
DO c t
Donna Carr
Chief Clerk
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Gilberto Farias Cler, A204 045 294 (BIA Aug. 15, 2014)
CLER, GILBERTO FARIAS
A204-045-294
U.S. Department of Justice
Executive Ofce fr Imigration Review
Board of Immigration Appeals
Offce of the Clerk
5107 leesburg Pike, Suite 2000
Fals Church, Vrginia 20530
OHS/ICE Office of Chief Counsel - ORL
3535 Lawton Road, Suite 100
GLADES COUNTY DETENTION CENTER
1297 EAST SR 78
Orlando, FL 32803
MOORE HAVEN, FL 33471
Name: CLER, GILBERTO FARIAS A 204-045-294
Date of this notice: 8/15/2014
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.S(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:
Kendall-Clark, Molly
Sincerely,
DC ct
Donna Car
Chief Clerk
Useream:
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Cite as: Gilberto Farias Cler, A204 045 294 (BIA Aug. 15, 2014)
.U.S. Department of Justice
Executive Offce fr Imigation Review
Falls Church, Virginia 20530
File: A204 045 294 - Macclenny, FL 1
In re: GILBERTO FARIAS CLER
IN RMOVAL PROCEEDINGS
MOTION
Decision of the Boad of Imigation Appeals
Date:
AUG ! 5 2014
ON BEHALF OF RESPONDENT: Felipe Alexandre, Esquire
APPLICATION: Reopening
On Mach 12, 2014, te Boad dismissed te respondent's appeal fom te Immigration
Judge's November 18, 2013, decision in which the respondent was fund removable as a alien
in the United States in violation of law, and as a alien convicted of a crime involving moral
turpitude. See sections 237(a)(l)(B) and (2)(A)(i) of the Immigration ad Nationality Act,
8 U.S.C. §§ 1227(a)(l)(B) and {2)(A){i). On May 20, 2014, the respondent fled te instant
timely motion to reopen with the Board. See section 240( c )(7) of the Immigration and
Nationality Act, 8 U.S.C. § 1229a(c)(7); 8 C.F.R. § 1003.2(c). The Deparment of Homelad
Security has not responded to te motion. The motion will be ganted.
The respondent has ofered evidence that on May 6, 2014, te criminal court vacated the
conviction underlying his removability under section 237(a)(2)(A)(i) of te Act (alien convicted
of a crime involving moral turpitude) due to a defect in the criminal proceedings. See Unaked
Motion Exhibit; see also Ali v. US Attorey General, 443 F.3d 804 (11th Cir. 2006); Matter of
Pickering, 23 I&N Dec. 621 (BIA 2003) (fnding that a conviction vacated fr procedural or
substantive defcts in the underlying crminal proceedings is no longer valid fr immigration
purposes). It thus appears that the respondent is no longer removable under section
237(a)(2)(A)(i) of the Act. We fer note that the chages underlying a 1998 arest appea to
remain unresolved. The respondent, however, remains removable under section 237(a)(l)(B) of
the Act.
We recognize that the Imigation Judge denied the respondent's applications fr adjustment
of status and a concurent waiver of inadmissibility uder section 212(h) of the Act, 8 U.S.C.
§ l 182(h), in the exercise of discretion, and we upheld that holding in our decisiQn. Nonetheless,
in view of the vacating of the respondent's 2013 conviction, we fd that remand fr fher
consideration of the respondent's applications fr relief is warated. On remand, te paies will
have the opportunity to present fer evidence and aguments regarding the issue of discretion,
and any other issues relevat to te respondent's case.
Accordingly, the. fllowing order will be entered.
1 Te removal hearing in this case was conducted by televideo with the respondent located at the
Baer Country Detention Center, Maccleny, Florida, and the Immigration Judge located in
Orlando, Florda. See Trascript of the Proceedings at 168.
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Cite as: Gilberto Farias Cler, A204 045 294 (BIA Aug. 15, 2014)
..... ..
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I
• A204 045 294
ORER: The record is remaded to te Immigation Judge fr fer proceedings
consistent wit tis opion, ad fr the entr of a new decision.
�\�\ �
R TH BOA
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Cite as: Gilberto Farias Cler, A204 045 294 (BIA Aug. 15, 2014)

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