U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals Office of the Clerk

5107 leesburg Pike, Suite 2000 Falls Church. Virginia 20530

Ortiz, Anthony K., Esq. Law Office of Anthony K. Ortiz 33 Franklin Street Suite B Lawrence, MA 01840

OHS/ICE Office of Chief Counsel - BOS P .0. Box 8728 Boston, MA 02114

Immigrant & Refugee Appellate Center | www.irac.net

Name: SILVA, YESSENIA MARCELINA

A 038-923-988

Date of this notice: 2124/2014

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

DGnltL ct1JV1.)
Donna Carr Chief Clerk

Enclosure
Panel Members: Adkins-Blanch, Charles K.

Lulseges Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Yessenia Marcelina Silva, A038 923 988 (BIA Feb. 24, 2014)

U.S. Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals Office ofthe Clerk

5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 20530

SILVA, YESSENIA MARCELINA A038-923-988 STRAFFORD CTY HOC 266 COUNTY FARM RD. DOVER, NH 03862

OHS/ICE Office of Chief Counsel - BOS P .0. Box 8728 Boston, MA 02114

Immigrant & Refugee Appellate Center | www.irac.net

Name: SILVA, YESSENIA MARCELINA

A 038-923-988

Date of this notice: 2/24/2014

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being provided to you as a courtesy. Your attorney or representative has been served with this decision pursuant to 8 C.F.R. 1292.5(a). If the attached decision orders that you be removed from the United States or affirms an Immigration Judge's decision ordering that you be removed, any petition for review of the attached decision must be filed with and received by the appropriate court of appeals within 30 days of the date of the decision. Sincerely,

D Ca.AAJ
Donna Carr Chief Clerk

Enclosure
Panel Members: Adkins-Blanch, Charles K.

Lulseges Userteam: Docket

Cite as: Yessenia Marcelina Silva, A038 923 988 (BIA Feb. 24, 2014)

U.S. Department of Justice

Executive Office for Immigration Review Falls Church, Virginia 20530

Decision of the Board of Immigration Appeals

File: In re:

A038 923 988 - Boston, MA YESSENIA MARCELINA SILVA

Date:

FEB .2 4 2014

IN REMOVAL PROCEEDINGS

Immigrant & Refugee Appellate Center | www.irac.net

APPEAL ON BEHALF OF RESPONDENT: Anthony K. Ortiz, Esquire

The respondent, a native and citizen of the Dominican Republic who was admitted to the United States
as

a lawful permanent resident in 1984, appeals the decision of the Immigration

Judge, dated October 24, 2013, ordering her removal from the United States as a result of her February 2012 conviction for receiving a motor vehicle. The Department of Homeland Security has not responded to the appeal. We will remand the record. On appeal, the respondent has presented evidence that the Massachusetts courts have "allowed" her motion to vacate her aforementioned conviction. This new evidence may affect As 19 the respondent's present removability and her potential eligibility for relief from removal. is best considered, in the first instance, by the Immigration Judge. I&N Dec. 57, 74 (BIA 1984). At the present time, we express no opinion regarding the ultimate outcome of these proceedings. The following order is entered. ORDER: The record is remanded to the Immigration Court for further proceedings

the Board is an appellate body whose function is to review, not to create, a record, such evidence

See Matter of Fedorenko,

consistent with the foregoing opinion and the entry of a new decision.

Cite as: Yessenia Marcelina Silva, A038 923 988 (BIA Feb. 24, 2014)

.,

U NITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW UNITED STATES IMMIGRATION COURT BOSTON, MASSACHUSETTS

Immigrant & Refugee Appellate Center | www.irac.net

File: A038-923-988 In the Matter of

October 24, 2013

YESSENIA MARCELINA SILVA RESPONDENT

) ) ) )

IN REMOVAL PROCEEDINGS

CHARGE:

237(a )(2 )(A )(iii ) aggravated felony theft offense.

,

APPLICATION:

Termination of proceedings.

ON BEHALF OF RESPONDENT: ANTHONY ORTIZ Lawrence, Massachusetts ON BEHALF OF OHS: MARC L. GOUTHRO, Assistant Chief Counsel

ORAL DECISION OF THE IMMIGRATION JUDGE The respondent is a native and citizen of the Dominican Republic
.

The

Government has charged the respondent in the Notice to Appear as referenced above. Based upon a review of all evidence in the record of proceedings, particularly the respondent's pleadings, written pleadings in which she admits allegations 1 through 3, and the record of conviction the Court marked as Exhibit 3 in the record of proceeding by clear, convincing and unequivocal evidence that the respondent is removable as charged in the Notice to Appear.

She claims no forms of relief other than termination of the removal proceedings. However, there is no argument which would support such a termination [indiscernible] citizenship nor does she express any fear of returning to the Dominican Republic.

Immigrant & Refugee Appellate Center | www.irac.net

ORDER As the respondent has no forms of relief available to her the Court will and hereby does order her removal to the Dominican Republic. So ordered.

PAUL M. GAGNON Immigration Judge

A038-923-988

October 24, 2013

CERTIFICATE PAGE

I hereby certify that the attached proceeding before JUDGE PAUL M. GAGNON, in the matter of:

Immigrant & Refugee Appellate Center | www.irac.net

YESSENIA MARCELINA SILVA

A038-923-988

BOSTON, MASSACHUSETTS

was held as herein appears, and that this is the original transcript thereof for the file of the Executive Office for Immigration Review.

/'

\,-fv 10 J1xL
LINDA DOCK (Transcriber ) FREE STATE REPORTING, lnc.-2 DECEMBER 14, 2013

(Completion Date )