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In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent’s motion to reconsider and acknowledged that burglary under Fla. Stat. 810.02(2)(a) is not categorically a crime involving moral turpitude under Matter of Louissant, 24 I&N Dec. 754 (BIA 2009), because certain subsections do not require the structure in question to be occupied at the time of the breaking. The Board remanded for further consideration under the modified categorical approach. The decision was written by Member Hugh Mullane.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent’s motion to reconsider and acknowledged that burglary under Fla. Stat. 810.02(2)(a) is not categorically a crime involving moral turpitude under Matter of Louissant, 24 I&N Dec. 754 (BIA 2009), because certain subsections do not require the structure in question to be occupied at the time of the breaking. The Board remanded for further consideration under the modified categorical approach. The decision was written by Member Hugh Mullane.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent’s motion to reconsider and acknowledged that burglary under Fla. Stat. 810.02(2)(a) is not categorically a crime involving moral turpitude under Matter of Louissant, 24 I&N Dec. 754 (BIA 2009), because certain subsections do not require the structure in question to be occupied at the time of the breaking. The Board remanded for further consideration under the modified categorical approach. The decision was written by Member Hugh Mullane.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
Miami, FL 33144 Name: REYES, MARIA JOSE U.S. Department of Justice Executive Ofce fr Immigration Review Board of Immigration Appeals Ofce of the Clerk 5107 leeburg Pike, Suite 2000 Fals Clurch, Vrginia 20530 OHS/ICE Ofice of Chief Counsel - KRO 18201 SW 12th St. Miami, FL 33194 A 076-916-481 Date of this notice: 7/8/2014 Enclosed is a copy of the Board's decision ad order in the above-refrenced case. Enclosure Panel Members: Mullane, Hugh G. Sincerely, DC c t Donna Ca Chief Clerk Trane Userteam: Docket For more unpublished BIA decisions, visit www.irac.net/unpublished I m m i g r a n t
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w w w . i r a c . n e t Cite as: Maria Jose Reyes, A076 916 481 (BIA July 8, 2014) REYES, MARIA JOSE A076-916-81 GLADES COUNTY P.O. BOX39 MOOREHAVEN, FL 33471 Name: REYES, MARIA JOSE U.S. Department of Justice Executive Ofce fr Immigration Review Board of Immigration Appeals Ofce of the Clerk 5107 Leeburg Pike, Suite 2000 Fall Church, Vrginia 20530 OHS/ICE Ofice of Chief Counsel - KRO 18201 SW 12th St. Miami, FL 33194 A 076-916-481 Date of this notice: 7/8/2014 Enclosed is a copy of the Board's decision in the above-refrenced case. This copy is being provided to you a a couresy. Your attorey or representative has been served with this decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be removed fom the United States or afrs an Immigration Judge's decision ordering that you be removed, any petition fr review of the attached decision must be fled with and received by the appropriate court of appeals within 30 days of the date of the decision. Enclosure Panel Members: Mullane, Hugh G. Sincerely, Do c t Donna Carr Chief Clerk Trane Useream: Docket I m m i g r a n t
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w w w . i r a c . n e t Cite as: Maria Jose Reyes, A076 916 481 (BIA July 8, 2014) U.S. Department of Justce Executive Ofce fr Immigation Review Decision of the Board of Immigration Appeals Falls Chuch, Virginia 20530 File: A076 916 481 -Moorehaven, FL Date: jUL - 8 2014 In re: MA JOSE REYES a.k.a. Maria Cristina Aguila a.k.a. Maria Del Caren Araico a.k.a. Maria Gabriela Caldera a.k.a. Maria Chortes a.k.a. Maria Penedes a.k.a. Maia Reyes a.k.a. Maria J. Reyes a.k.a. Maria Angilica Ruiz a.k.a. Marha Gutierrez a.k.a. Maia Jose Reyes-Oliva a.k.a. Maria Josepha Reyes I RMOVAL PROCEEDINGS . . . MOTION ON BEHALF OF RESPONDENT: Hwberto Jose Corales, Esquire This case was lat befre us on Jauay 30, 2014, at which time we dismissed the respondent's appeal fom the Immigration Judge's August 23, 2013, decision to deny her requests fr relief fom removal. Te respondent has now fled a timely motion to reconsider this decision on Februay 28, 2014. The Depaent of Homeland Securit ha not responded to the motion, which will be granted. Te respondent argues that the Boad erred in agreeing with the Immigration Judge's assessment that her burglay conviction was, categorically, a crime involving moral tpitde. In our prior decision, we fund the. respondent's ase contolled by Matter of Louissaint, 24 I&N Dec. 754, 759 (BIA 2009), wherein we held that "moral turpitude is inherent in the act of burglary of an occupied dwelling itself" However, the respondent rightly argues tat because cerain subsections of section 810.02(2)(a) of the Florida Statutes do not require that the stucture in question be occupied, Mater of Louissaint, supra, is not .necessaily controlling. We agree, ad fnd fer analysis required to determine wheter the respondent's burglary conviction constitutes a crime involving moral tupitude. Moreover, it appeas that the Board's ad the Immigration Judge's prior aalysis collapsed a categorical and a modifed categorical approach to assessing the respondent's crime, inasmuch as the aalysis relied on te respondent's chaging documents rather ta the statute itself. Te United States Supreme Cour, in Descamps v. United States, 570 U.S. - , 133 S.Ct. 2276 (2013), has recently held tat the modifed categorical approach is only waanted when a statute is divisible, rather tha overbroad. Under Descamps, the modifed categorical approach applies only if: ( 1) the statute of conviction is "divisible" in the sense that it lists multple discrete ofenses as enumerated alteratives or defnes a single ofense by refrence to disjunctive sets of elements, more ta one combination of which could support a conviction, and (2) some (but not all) of those listed ofenses or combinations of disjunctive elements are a categorical match to the relevat generic stadard. Id at 2281, 2283. The statute in question, section 810.02(2)(a) of te Florida Statutes, appeas divisible, but fer analysis is necessay regading wheter section 810.02(2)(a) of the Fla. Statutes is a crime involving moral turpitude under the modifed categorical approach. Further fact fnding is necessay to resolve issues regading both te respondent's intent ad te level of ha involved in the crime in question, and we will remand the record fr frher proceedings regarding 4 ... . . mrw. &L @ I m m i g r a n t
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w w w . i r a c . n e t Cite as: Maria Jose Reyes, A076 916 481 (BIA July 8, 2014) ' , A076 916 481 whether the respondent has commited a crime involving moral turpitude, and wheter she is eligible fr relief fom removal. See id; see also Donawa v. US Atorney General, 735 F.3d 1275 (11th Cir. 2013), As such, the fllowing order will be entered. ORER: Te motion is granted, and the record is remanded to the Immigration Court fr fher proceedings consistent with the fregoing decision. 2 I m m i g r a n t
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w w w . i r a c . n e t Cite as: Maria Jose Reyes, A076 916 481 (BIA July 8, 2014)