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Department of Justice
Executive Office for Immigration Review
Duluth, GA 30096
A 059-968-087
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
A059-968-087
OIC WILLIAM MCMINN
STEWART DETENTION CENTER 146 CCA
ROAD
LUMPKIN, GA 31815
A 059-968-087
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.
1292.S(a).
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)
WALKER, PRINCE
File:
Date:
MAR
3 2015
ON BEHALF OF RESPONDENT:
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.
1229a(c)(7)(C)(i).
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.
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
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:
Cite as: Prince Walker, A059 968 087 (BIA March 3, 2015)
MOTION
r
.
I.
PO BOX 248
LUMPKIN, GA
Echols,
Eli
P.C.
Duluth,
300
30096
GA
IN THE MATTER OF
WALKER,
DATE:
FILE A 059-968-087
PRINCE
THIS DECISION
AND
5107
FALLS CHURCH, VA
ATTACHED
20530
1252B(c) (3)
8 U.S.C.
SECTION
TO REOPEN,
IN DEPORTATION
1229a(c) (6)
IN REMOVAL PROCEEDINGS.
OTHER:
LUMPKIN,
GA
PO BOX 248
31815
COURT
FF
Socheat Chea,
31815
--'
..7;.,
LUMPK1N, GEORGIA
\X1ALKER, Prince
In Removal Proceedings
fn
be Cl GRAN1ED
DENIED because:
Cl
Cl
A response to the motion has not been filed with the ccurt.
otion.
Cl
0
a
HEREBY ORDERED