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Tolchin, Stacy, Esq. Van Der Hout, Brlgagliano, Nightingale, LLP 634 S. Spring Street, Suite 714 Los Angeles, CA 90014-0000
OHS Litigation, Mira Loma Facility 45100 N. 60th St., West Lancaster, CA 93536
A072-988-089
Enclosed is a copy of the Board's decision and order in the above.referenced case. Sincerely,
Enclosure
Cite as: Francisco Ramirez Reyes, A072 988 089 (BIA Jan. 19, 2011)
ginia 22041
Date:
File:
JAN 19 2011
ORDER: Based upon the totality of the circumstances presented here, including: the lack of an opposition from the Department of Homeland Security; the evidence showing that the criminal court , recently set aside "as legally invalid for lack of a lawful factual basis for the plea, , the conviction that was previously detennined to bar adjustment of status (MTR, Exh. XX, p. 0135); and the sympathetic family circumstances demonstrated here; we grant the motion pursuant to our authority under 8 C.F.R. 1003.2(a) and remand the record to the Immigration Judge for further proceedings on the issues ofthe respondent's removability and eligibility for relief. 1 See Matter ofPatel, 16 l&N Dec. 600 (BIA 1978 ) (holding that the Board's remand order, unless expressly limited, "is effective for the stated purpose and for consideration of any and all matters which the Immigration Judge deems appropriate in the exercise of his administrative discretion or which are brought to his attention in compliance with the appropriate regulations!').
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1 We note that the respondent argues that, contrary to the allegations in the Notice to Appear, he was admitted as a tourist in 1998 and has not departed. This issue was raised by the respondent before
the Immigration Judge (Tr. at 7-10 ) and on appeal (Respondent's appeal brief at 4), but the case was ultimately decided by the Board on the basis that his criminal conviction barred an application for adjustment of status.
Cite as: Francisco Ramirez Reyes, A072 988 089 (BIA Jan. 19, 2011)