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    Sewdat Rajpaul, A058 358 908 (BIA Aug. 15, 2013)

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    Immigrant & Refugee Appellate Center, LLC
    The Board granted the respondent's untimely motion to reopen his removal proceedings in the interests of justice. A state court had vacated the respondent's conviction that formed the basis for his removal order and allowed him to plead guilty to a lesser offense. The Board remanded the case to the Immigration Judge to consider the respondent's deportability in light of the new evidence and to consider eligibility for relief from removal.

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    Sewdat Rajpaul, A058 358 908 (BIA Aug. 15, 2013)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    445 views3 pages
    The Board granted the respondent's untimely motion to reopen his removal proceedings in the interests of justice. A state court had vacated the respondent's conviction that formed the basis for his removal order and allowed him to plead guilty to a lesser offense. The Board remanded the case to the Immigration Judge to consider the respondent's deportability in light of the new evidence and to consider eligibility for relief from removal.

    Original Description:

    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte after a state court vacated the respondent's conviction for attempted assault in the second degree in violation of N.Y.P.L. 110-120.05-02 and allowed him to instead plead guilty to menacing in the third degree in violation of N.Y.P.L. 120.15. The decision was written by Member David Holmes.

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    The Board granted the respondent's untimely motion to reopen his removal proceedings in the interests of justice. A state court had vacated the respondent's conviction that formed the basis for his removal order and allowed him to plead guilty to a lesser offense. The Board remanded the case to the Immigration Judge to consider the respondent's deportability in light of the new evidence and to consider eligibility for relief from removal.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    445 views3 pages

    Sewdat Rajpaul, A058 358 908 (BIA Aug. 15, 2013)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    The Board granted the respondent's untimely motion to reopen his removal proceedings in the interests of justice. A state court had vacated the respondent's conviction that formed the basis for his removal order and allowed him to plead guilty to a lesser offense. The Board remanded the case to the Immigration Judge to consider the respondent's deportability in light of the new evidence and to consider eligibility for relief from removal.

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    U.S.

    Department of Justice Executive Office for Immigration Review

    Board ofImmigration Appeals Office of the Clerk


    5107 l.eesb11rg l'ike. Suite 2000 Falls Church. Virginia 22041

    lroegbu, Samuel N., Esq. 1531 Central Avenue, Suite 206 Albany, NY 12205-0000

    OHS/ICE Office of Chief Counsel 130 Delaware Avenue, Room 203 Buffalo, NY 14202

    BUF

    Immigrant & Refugee Appellate Center | www.irac.net

    Name: RAJPAUL, SEWDAT

    A 058-358-908

    Date of this notice: 8/15/2013

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

    DonnL ctVVl)
    Donna Carr Chief Clerk

    Enclosure Panel Members: Holmes, David B.

    williame Userteam: Docket

    Cite as: Sewdat Rajpaul, A058 358 908 (BIA Aug. 15, 2013)

    U.S. Department of Justice


    Executive Office for Immigration Review Falls Church, Virginia 22041

    Decision of the Board of Immigration Appeals

    File:

    A058 358 908 - Buffalo, NY

    Date:

    In re: SEWDAT RAJPAUL IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Samuel N. lroegbu, Esquire

    AUG 1 5 2013

    Immigrant & Refugee Appellate Center | www.irac.net

    Brandi M. Lohr Assistant Chief Counsel

    APPLICATION: Reopening

    The

    final

    order

    of

    removal

    in

    these

    proceedings

    was

    entered

    by

    the

    Board

    on

    October 21, 2011, when we dismissed the respondent's appeal. The respondent filed an untimely motion to reopen his proceedings on May 29, 2013. See sections 240(c)(7)(A), (C) of the Immigration and Nationality Act, 8 U.S.C. 1229a(c)(7)(A), (C); 8 C.F.R. 1003.2(c)(2). The respondent does not dispute the untimeliness of his motion, but requests that the Board

    exercise its sua sponte authority to reopen his proceedings in the interests of justice. See 8 C.F.R. 1003.2(a). The Department of Homeland Security ("DHS") opposes the motion. The motion wilJ be granted. The respondent has submitted evidence that a state court has vacated his conviction for attempted assault in the second degree in violation of New York Penal Law section 110-120.05-02 and aJJowed him to plead guilty to menacing in the third degree in violation of

    New York Penal Law section 120.15. (BIA 2003);

    Matter of Chavez,

    See generally Matter of Pickering, (Motion,

    23 I&N Dec. 621

    24 I&N Dec. 272 (BIA 2007).

    The record contains the New Tab D). The record also

    York state court's order finding evidence of ineffective assistance of counsel related to the respondent's guilty plea and ordering a Padilla hearing contains the hearing transcript for the withdrawal and amended pleas

    (Motion, Tabs E, F).

    Considering the entirety of circumstances presented, we will reopen the proceedings on our own motion.

    See

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

    see also Matter of J-J-,

    21 l&N Dec. 976 (BIA 1997).

    resolution of this matter, including additional or substituted charges of deportability, if any. See Accordingly, the record will be remanded to the 8 C.F.R. 1003.30 and 1240. lO(e). Immigration Judge for further consideration of the respondent's deportability in light of the evidence of the vacated plea and amended conviction, and for further consideration of the respondent's eligibility for relief from deportation.

    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

    Cite as: Sewdat Rajpaul, A058 358 908 (BIA Aug. 15, 2013)

    A058 358 908


    '

    '

    ORDER: The respondent's motion to reopen is granted. FURTHER ORDER: The record is remanded to the Immigration Court for further proceedings not inconsistent with the foregoing opinion and for the entry of a new decision.

    FOR THE BOARD

    J
    Immigrant & Refugee Appellate Center | www.irac.net

    Cite as: Sewdat Rajpaul, A058 358 908 (BIA Aug. 15, 2013)

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