Professional Documents
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Department of Justice
Executive Office for Immigration Review
Name:V
,N
-550
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
Donna Can
Chief Clerk
Enclosure
Panel Members:
Pauley, Roger
Userteam: Docket
Cite as: N-V-, AXXX XXX 550 (BIA Nov. 18, 2014)
20530
550
File:
Date:
Eloy, AZ
In re: N
NOV 18 2014
IN REMOVAL PROCEEDINGS
ON BEHALF OF RESPONDENT:
ON BEHALF OF DHS:
Jennifer M. Wiles
Senior Attorney
CHARGE:
Notice: Sec.
237(a)(2)(E)(i), I&N Act [ 8 U.S.C. 1227(a)(2)(E)(i)] Convicted of crime of domestic violence, stalking, or child abuse,
child neglect, or child abandonment
Lodged: Sec.
237(a)(2)(A)(i), I&N Act [8 U.S.C. 1227(a)(2)(A)(i)] Convicted of crime involving moral turpitude (withdrawn)
APPLICATION: Asylum
The Department of Homeland Security ("DHS") timely appeals the Immigration Judge's
June 11, 2014, decision granting the respondent's applications for asylum and withholding of
removal under sections 208 and 241(b)(3) of the Immigration and Nationality Act, 8 U.S.C.
1158 and 1231(b)(3). The DHS argues that the respondent should not have been granted
asylum and withholding of removal because he was convicted of a particularly serious crime.
The respondent, a native and citizen of Burundi, argues that he is not removable as charged and
was not convicted of a particularly serious crime. The appeal will be dismissed and the removal
proceedings terminated.
The respondent raises the issue of removability on appeal. Although the respondent
conceded removability below, we will address this issue in the interest of justice (Tr. at 117;
Exh. 1; Respondent's Brief at 5-8). The respondent was convicted of misdemeanor assault under
section 13-1203(a)(l) of the Arizona Revised Statute (Exh. 5). The respondent argues on appeal
that his conviction is not a crime of domestic violence, because it is not a crime of violence. We
agree.
Cite as: N-V-, AXXX XXX 550 (BIA Nov. 18, 2014)
APPEAL
550
ORDER: The appeal is dismissed and the respondent's removal proceedings are terminated.
FURTHER ORDER: The Immigration Judge's June 11, 2014, decision is vacated.
1 The respondent argues that there is no physical force element (Respondent at 6).
To the
contrary, use of physical force is a required element under section 13-1203(a)(l) of the Arizona
Revised Statute. Fernandez-Ruiz v. Gonzales, supra at 1126.
2
Cite as: N-V-, AXXX XXX 550 (BIA Nov. 18, 2014)