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U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals


Office ofthe Clerk

5107 Leesburg Pike, Suite 2000


Falls Church, Virginia 2204/

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


Rubin, Jeffrey OHS/ICE Office of Chief Counsel - BOS
Rubin Pomerleau P.O. Box 8728
Three Center Plaza Boston, MA 02114
Ste 400
Boston, MA 02108

Name: FERNANDEZ, JOSE AUGUSTIN A 044-312-625

Date of this notice: 4/6/2017

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

Sincerely,

A.._,,

Cynthia L. Crosby
Acting Chief Clerk

Enclosure

Panel Members:
Kendall Clark, Molly

Userteam: Docket

For more unpublished BIA decisions, visit


www.irac.net/unpublished/index

Cite as: Jose Augustin Fernandez, A044 312 625 (BIA April 6, 2017)
U.S. Department of Justice Decision of the Board oflmmigration Appeals
Executive Offie for Immigration Review

Falls Church, Virginia 22041

File: A044 312 625 - Boston, MA Date:


APR - 6 2017
In re: JOSE AUGUSTIN FERNANDEZ

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


IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT: Jeffrey B. Rubin, Esquire

APPLICATION: Reopening

ORDER:

The pending motion to reopen proffers evidence that the conviction underlying these removal
proceedings may have been vacated by the state court. Considering the totality of circumstances
and the evidence presented, including the lack of response or opposition from the Department of
Homeland Security (DHS), the respondent's motion to reopen is granted under the provisions of
8 C.F.R. 1003.2(a), and the record will be remanded to the Immigration Judge for further
consideration of the respondent's removability and/or eligibility for relief in light of the new
evidence proffered with the respondent's motion. See Matter of Pickering, 23 l&N Dec.
621 (BIA 2003) (holding that a conviction vacated by the criminal court based upon a procedural
or substantive defect in the underlying proceedings is no longer a valid conviction for
immigration purposes).

FURTHER ORDER: The record is remanded to the Immigration Judge for further
proceedings not inconsistent with this order and entry of a new decision.

Cite as: Jose Augustin Fernandez, A044 312 625 (BIA April 6, 2017)