U.S.

Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals

Q[fice of the Clerk

5107 Leesburg Pike, Suite 2000

Fal/sChurch, Virginia 22041

Immigrant & Refugee Appellate Center, LLC | www.irac.net

Dobrin, Vicky Jane DHS/ICE Office of Chief Counsel - SEA
Dobrin & Han, PC 1000 Second Avenue, Suite 2900
705 Second Ave, Suite 610 Seattle, WA 98104
Seattle, WA 98104

Name: STEVENS, JEANNINE EVELIN A 036-377 -883

Date of this notice: 1/19/2017

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

Sincerely,

borutL {!aAA)
Donna Carr
Chief Clerk

Enclosure

Panel Members:
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/

Cite as: Jeannine Evelin Stevens, A036 377 883 (BIA Jan. 19, 2017)
U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A036 377 883 - Seattle, WA Date:

JAN 1 9 2017
In re: JEANNINE EVELIN STEVENS a.k.a. Jeannine Justin

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT: Vicky J. Dobrin, Esquire

APPLICATION: Reopening; termination

The Board entered the final administrative decision in this case on September 19, 2016. The
respondent has filed a timely motion to reopen. The Department of Homeland Security has not
responded to the motion. The motion will be granted and the respondent's removal proceedings
will be terminated.

The respondent seeks reopening and termination of her removal proceedings in light of a
September 6, 2016, order from the Superior Court of the State of Washington for Pierce County,
granting the respondent's motion to vacate her conviction for conspiracy to possess a controlled
substance with the intent to deliver, which served as the basis for her charges of removability
(Motion to Reopen at 6-7). Citing to Padilla v. Kentucky, 559 U.S. 356 (2010), the Superior
Court's order explains that the respondent did not knowingly and voluntarily enter her guilty plea
because counsel failed to advise her of the immigration consequences of her guilty plea (Motion
to Reopen at 6). The order states that the judgment was vacated and the plea of guilty was
withdrawn (Motion to Reopen at 6). A September 23, 2016, Superior Court order states that the
case was ordered dismissed (Motion to Reopen at 8-9).

Inasmuch as the conviction underlying the respondent's basis for removability has been
vacated due to a defect in the underlying proceedings, we will grant the respondent's motion to
reopen and terminate proceedings. See Matter of Pickering, 23 I&N Dec. 621 (BIA 2003)
(holding that a conviction that has been vacated by a criminal court based upon a procedural or
substantive defective in the underlying proceedings is no longer a conviction for immigration
purposes). Accordingly, the following orders will be entered.

ORDER: The motion to reopen is granted.

FURTHER ORDER: The removal proceedings are terminated without prejudice.

Cite as: Jeannine Evelin Stevens, A036 377 883 (BIA Jan. 19, 2017)