You are on page 1of 5

U.S.

Department of Justice
Executive Office for Immigration Review

Board of Immigration Appeals


Office ofthe Clerk
5107 Leesburg Pike. Suite 2000
Falls Church, Virginia 20530

OHS/ICE Office of Chief Counsel - SOC


146 CCA Road, P.O.Box 248
Lumpkin, GA 31815

Duluth, GA 30096

Name: WALKER, PRINCE

A 059-968-087

Date of this notice: 3/3/2015

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

Deruu_ Ca.AAJ
Donna Carr
Chief Clerk

Enclosure
Panel Members:
Guendelsberger, John
Pauley, Roger
Malphrus, Garry D.

Userteam: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index
Cite as: Prince Walker, A059 968 087 (BIA March 3, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

Eli A Echols, Esquire


Socheat Chea, P.C.
3500 Duluth Park Lane
Bldg 300

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 20530

OHS/ICE Office of Chief Counsel - SOC

A059-968-087
OIC WILLIAM MCMINN
STEWART DETENTION CENTER 146 CCA

146 CCA Road, P.O.Box 248


Lumpkin, GA 31815

ROAD
LUMPKIN, GA 31815

A 059-968-087

Name: WALKER, PRINCE

Date of this notice: 3/3/2015

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy.
decision pursuant to 8 C.F.R.

Your attorney or representative has been served with this

1292.S(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.
Sincerely,

Don.rtL ctVlA)
Donna Carr
Chief Clerk

Enclosure
Panel Members:
Guendelsberger, John
Pauley, Roger
Malphrus, Garry D.

Userteam:

Cite as: Prince Walker, A059 968 087 (BIA March 3, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

WALKER, PRINCE

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review


Falls Church, Virginia 20530

File:

A059 968 087 - Lumpkin, GA

Date:

MAR

3 2015

In re: PRINCE WALKER


IN REMOVAL PROCEEDINGS

ON BEHALF OF RESPONDENT:

Eli A. Echols, Esquire

APPLICATION: Reopening; termination of proceedings

The respondent, a native and citizen of Liberia who was ordered removed from the United
States on October 29, 2013, appeals the decision of the Immigration Judge, dated December 8,
2014, denying his motion to sua sponte reopen. The appeal will be sustained, proceedings will
be reopened, and the record will be remanded.
The respondent concedes that the motion to reopen was filed untimely, and requested that the
Immigration Judge sua sponte reopen these proceedings.
Immigration

and Nationality

Act,

8 U.S.C.

See section 240(c)(7)(C)(i) of the

1229a(c)(7)(C)(i).

The respondent does not

contest the Immigration Judge's conclusion that removability was previously knowingly and
voluntarily conceded. As there are no disputed facts on appeal, we review de novo the issue of
whether sua sponte reopening is warranted. 8 C.F.R. 1003.l(d)(3)(ii).
The respondent has submitted evidence that a state court has granted him relief based on

See
see also Exh. 1 (Notice of Appeal). Such evidence

constitutional grounds from the convictions which were the basis for his removability.
Respondent's Motion to Reopen, Exh. E-F;

could demonstrate, in reopened proceedings, that the convictions, having been vacated for a
procedural or substantive defect in the underlying criminal proceedings, are no longer
convictions for immigration purposes.

See Matter of Pickering, 23 I&N Dec. 621 (BIA 2003).

Considering the totality of circumstances presented in this case, the proceedings are reopened on
our own motion under the provisions of 8 C.F.R. 1003.2(a).
1132, 1133-34 (BIA 1999); .Matter

See Matter ofG-D-, 22 I&N Dec.

ofJ-J-, 21 l&N Dec. 976 (BIA 1997).

We find it appropriate

to remand this matter to the Immigration Judge for further consideration of the respondent's
removability.
ORDER: The respondent's appeal is sustained.
FURTHER ORDER:

Proceedings are reopened, and the record is remanded to the

Immigration Judge for further proceedings and entry of a new decision.

Cite as: Prince Walker, A059 968 087 (BIA March 3, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

MOTION

r
.

I.

UNITED STATES DEPARTMENT OF JUSTICE


EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
146 CCA ROAD,

PO BOX 248

LUMPKIN, GA

Echols,

Eli

P.C.

3500 Duluth Park Lane,Bldg

Duluth,

300

30096

GA

IN THE MATTER OF
WALKER,

DATE:

FILE A 059-968-087

Dec 12, 2014

PRINCE

ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE.


IS

THIS DECISION

FINAL UNLESS AN APPEAL IS FILED WITH THE BOARD OF IMMIGRATION APPEALS

WITHIN 30 CALENDAR DAYS OF THE DATE OF TH E MAILING OF THIS WRITTEN DECISION.


SEE THE ENCLOSED FORMS AND INSTRUCTIONS FOR PROPERLY PREPARING YOUR APPEAL.
YOUR NOTICE OF APPEAL, ATTACHED DOCUMENTS,
MUST BE MAILED TO:

AND

FEE OR FEE WAIVER REQUEST

BOARD OF IMMIGRATION APPEALS


OFFICE OF THE CLERK

5107

Leesburg Pike, Suite 2000

FALLS CHURCH, VA
ATTACHED

20530

IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE AS THE RESULT

OF YOUR FAILURE TO APPEAR AT YOUR SCHEDULED


THIS

DEPORTATION OR REMOVAL HEARING.

DECISION IS FINAL UNLESS A MOTION TO REOPEN IS FILED IN ACCORDANCE

WI'l'H SECTION 242B(c) (3)


SECTION

1252B(c) (3)

8 U.S.C.

SECTION

TO REOPEN,

OF THE IMMIGRATION AND NATIONALITY ACT, 8 U.S.C.

IN DEPORTATION

1229a(c) (6)

PROCEEDINGS OR SECTION 240(c) (6),

IN REMOVAL PROCEEDINGS.

IF YOU FILE A MOTION

YOUR MOTION MUST BE FILED WITH THIS COURT:


IMMIGRATION COURT
146 CCA ROAD,

OTHER:

LUMPKIN,

GA

PO BOX 248
31815

Order of the Immigration Judge dtd 12/8/14 re: Motion to

COURT

FF

Immigrant & Refugee Appellate Center | www.irac.net

Socheat Chea,

31815


--'
..7;.,

UNITED STATES DEPARTiv.IENT OF JUSTICE

EXECUTIVE OFFICE FOR IM1v1IGRATION REVIEW


OFFICE OF THE lGRATION JUDGE

LUMPK1N, GEORGIA

\X1ALKER, Prince

File :o.: A059 968 087

In Removal Proceedings

ORDER OF THE JMMIGRATIO: JUDGE


Upon consideration of Respondent's Motion to Reope:l, it is
that the motion

fn

be Cl GRAN1ED

DENIED because:

DHS does not oppose the

Cl

The respondent does not oppose the motion.

Cl

A response to the motion has not been filed with the ccurt.

otion.

Cl
0
a

HEREBY ORDERED

Immigrant & Refugee Appellate Center | www.irac.net

In the Matter of: