U.S.

Department of Justice
Executive Office for Immigration Review

Board ofImmigration Appeals

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

Name: NWAGBO, FRANKLIN CHUKWU...

Immigrant & Refugee Appellate Center | www.irac.net

OHS/ICE Office of Chief Counsel - LOS

606 S. Olive Street, 8th Floor
Los Angeles, CA 90014

Kagan, Michael
Thomas & Mack Legal Clinic
P .0. Box 71075
Las Vegas, NV 89170-1075

A 040-079-914

Date of this notice: 2/27/2015

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

Sincerely,

[) on.rtL ct1AA)
Donna Carr
Chief Clerk

Enclosure
Panel Members:
Miller, Neil P.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index

Cite as: Franklin Chukwuma Nwagbo, A040 079 914 (BIA Feb. 27, 2015)
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U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 20530

File:

A040 079 914 - Los Angeles, CA

Date:

FEB 2 7 2013

In re: FRANKLIN CHUI<WUMA NWAGBO

Immigrant & Refugee Appellate Center | www.irac.net

IN REMOVAL PROCEEDINGS
MOTION
ON BEHALF OF RESPONDENT:

Michael Kagan, Esquire

APPLICATION: Reconsideration; reopening

The final administrative order in these proceedings was entered by the Board on
February 5, 2001, when we affirmed without opinion the Immigration Judge's decision denying
the respondent's application for cancellation of removal. On January 13, 2015, the respondent
filed an untimely motion to reconsider the Board's decision dismissing his appeal based on a
change in law that may affect his removability. The Department of Homeland Security ("DHS")
has not responded to the motion.
The respondent requests reconsideration of his removability in light of the Supreme Court's

decision in Descamps v. U.S., 133 S.Ct. 2276 (2013). Specifically, he asserts that his 1997
attempted burglary conviction no longer constitutes an aggravated felony. As the respondent has
presented evidence of a change in law that may impact his removability, we will reopen the
proceedings on our own motion.

See

8 C.F.R. 1003.2(a);

see also Matter of

J-J-,

21 I&N Dec. 976 (BIA 1997). We do not express an opinion on the merits of the respondent's
entitlement to relief. On remand, the Immigration Judge may receive any additional evidence he
deems appropriate to the full resolution of this matter, including additional or substituted charges
of removability, if any.

See

8 C.F.R. 1003.30 and 1240.IO(e).

Accordingly, the record will

be remanded to the Immigration Judge for further consideration of the respondent's removability
and eligibility for relief in light of the change in law.
ORDER: These removal proceedings are reopened sua sponte, and the record is remanded to
1
the Immigration Court for further proceedings consistent with the foregoing opinion.

o .Pc

______
..,

FOR THE BOARD

1

The respondent's filing indicates that a petition for review of that Board decision is pending

before the United States Court of Appeals for the Ninth Circuit. The parties should advise the
Ninth Circuit of the entry of this Board order.

Cite as: Franklin Chukwuma Nwagbo, A040 079 914 (BIA Feb. 27, 2015)
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