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    Jesus Ramos, A091 679 605 (BIA July 19, 2016)

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    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings sua sponte over DHS opposition in light of an order from a state court granting the respondent's motion to vacate his conviction because he was not advised of the potential immigration consequences of his plea in violation of Cal. Penal Code 1016.5 The decision was issued by Member John Guendelsberger. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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    Jesus Ramos, A091 679 605 (BIA July 19, 2016)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    527 views3 pages
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings sua sponte over DHS opposition in light of an order from a state court granting the respondent's motion to vacate his conviction because he was not advised of the potential immigration consequences of his plea in violation of Cal. Penal Code 1016.5 The decision was issued by Member John Guendelsberger. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings sua sponte over DHS opposition in light of an order from a state court granting the respondent's motion to vacate his conviction because he was not advised of the potential immigration consequences of his plea in violation of Cal. Penal Code 1016.5 The decision was issued by Member John Guendelsberger. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    527 views3 pages

    Jesus Ramos, A091 679 605 (BIA July 19, 2016)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings sua sponte over DHS opposition in light of an order from a state court granting the respondent's motion to vacate his conviction because he was not advised of the potential immigration consequences of his plea in violation of Cal. Penal Code 1016.5 The decision was issued by Member John Guendelsberger. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
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    U.S.

    Department of Justice

    Executive Office for Immigration Review


    Board of Immigration Appeals
    Office of the Clerk
    5/07 J.eesburg Pike, Suite 2000
    Falls Church. Virginia 2204/

    DHS/ICE Office of Chief Counsel - ELC


    1115 N. Imperial Ave.
    El Centro, CA 92243

    Name: RAMOS, JESUS

    A 091-679-605
    Date of this notice: 7/19/2016

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

    bonrtL

    {!t1/IA)

    Donna Carr
    Chief Clerk
    Enclosure
    Panel Members:
    Guendelsberger, John

    Userteam: Docket

    For more unpublished BIA decisions, visit


    www.irac.net/unpublished/index/
    Cite as: Jesus Ramos, A091 679 605 (BIA July 19, 2016)

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

    Acosta Jr., Mario


    Law Office of Mario Acosta Jr.
    611 Wilshire Boulevard
    Suite 1416
    Los Angeles, CA 90017

    U.S. Department of Justice

    Decision of the Board oflmmigration Appeals

    Executive Office for Immigration Review


    Falls Church, Virginia 22041

    File: A091 679 605 - El Centro, CA

    Date:

    JUL 1 9 2016

    In re: JESUS RAMOS a.k.a. Carlos Vasquez a.k.a. Jesus Vargas

    MOTION
    ON BEHALF OF RESPONDENT: Mario Acosta, Jr., Esquire
    ON BEHALF OF DHS: John D. Holliday
    Assistant Chief Counsel
    APPLICATION: Reopening; termination

    This matter was last before the Board on June 9, 2015, when we dismissed the respondent's
    appeal from the Immigration Judge's denial of his motion to reopen and terminate proceedings.
    The respondent now files a second motion to reopen and terminate proceedings, requesting that
    we reopen sua sponte in light of a February 8, 2016, order from the Superior Court of the State of
    California, County of Los Angeles, granting the respondent's motion to vacate the conviction
    that served as the basis for his sole charge of removability (Motion to Reopen, Tab A; Exh. I).
    The motion, which is opposed by the Department of Homeland Security, will be granted and the
    respondent's removal proceedings will be terminated.
    The Superior Court's order explains that the respondent's guilty plea was made in violation
    of his statutory rights pursuant to section IO16.5 of the California Penal Code, which requires
    that prior to acceptance of a guilty plea courts must advise defendants of the resulting possible
    immigration consequences (Motion to Reopen, Tab A). The order states that the judgment of
    conviction was vacated, the plea of guilty to sale/transportation of a controlled substance in
    violation of section 1 l 352(a) of the California Health and Safety Code was withdrawn, and the
    case was ordered dismissed (/d.).
    Inasmuch as the conviction underlying the respondent's sole basis for removability has been
    vacated due to a defect in the underlying proceeding, we will grant the respondent's motion sua
    sponte and terminate the proceedings. See Matter of Adamiak, 23 l&N Dec. 878 (BIA 2006);
    Matter of J-J-, 21 l&N Dec. 976 (BIA 1997) (discussing the Board's limited authority to reopen
    or reconsider cases sua sponte in exceptional circumstances).
    Accordingly, the following orders will be entered.

    Cite as: Jesus Ramos, A091 679 605 (BIA July 19, 2016)

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

    IN REMOVAL PROCEEDINGS

    A091 679605
    ORDER: The motion to reopen is granted.
    FURTHER ORDER: The removal proceedings are terminated without prejudice. 1

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

    We have been advised that a petition for review of the DHS's reinstatement of the now
    terminated removal order is pending before the United States Court of Appeals for the Ninth
    Circuit (Case No. 13-71338, filed April 16, 2013) (Motion to Reopen, Tab A). The parties
    should notify the Ninth Circuit of our instant decision .

    .2 .
    Cite as: Jesus Ramos, A091 679 605 (BIA July 19, 2016)

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