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Department of Justice
I
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FLORENCE, AZ 85132
A 205-920-662
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
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Donna Carr
Chief Clerk
Enclosure
Panel Members:
Guendelsberger, John
Cite as: Anthony Martinez-Lopez, A205 920 662 (BIA April 20, 2015)
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MARTINEZ-LOPEZ, ANTHONY
A205-920-662
FLORENCE CORRECTIONAL CENTER
P. 0. BOX 6900
File:
Date:
APR 2 0 2015
APPEAL
ON BEHALF OF RESPONDENT:
ON BEHALF OF DHS:
Pro se
David C. Whipple
Assistant Chief Counsel
This case is before us pursuant to a February 27, 2015, order by the United States Court of
Appeals for the Ninth Circuit granting the government's unopposed motion to remand this matter
to the Board. We will remand the record to the Immigration Judge for further proceedings.
The respondent is a native and citizen of Mexico who was charged with removability for
being present in the United States without being admitted or paroled, and having been convicted
of a crime involving moral turpitude (CIMT).
See July 16, 2013, I.J. Dec. at 2013. The Immigration Judge also found that the respondent's
conviction barred him from cancellation of removal, and remarked that the respondent's length
ohime in the United States is "somewhat complicated."
Hernandez v. Holder, 770 F.3d 1280 (9th Cir. 2014). The government also stated that the matter
of whether the criminal conduct at issue was for the purpose of gaining some value should be
discussed, citing to
Hernandez-Cruz
v.
government's motion to remand, evolving case law, and the Board's limits on fact finding in the
course of adjudicating appeals, we find it appropriate to remand the record for the Immigration
Judge to readdress the respondent's removability and eligibility for relief.
On remand, the
IN REMOVAL PROCEEDINGS
parties should have an opportunity to present arguments and update the evidentiary record as
appropriate. The Immigration Judge may address any issues necessary to resolve the
respondent's case. Accordingly, the following order will be issued.
ORDER:
consistent with the foregoing opinion and the entry of a new decision.
Cite as: Anthony Martinez-Lopez, A205 920 662 (BIA April 20, 2015)
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