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Immigrant & Refugee Appellate Center | www.irac.net

Immigrant & Refugee Appellate Center | www.irac.net U.S. Department of Justice Executive Office for Immigration Review

U.S. Department of Justice

Executive Office for

Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

5107 Leesburg Pike,

Falls Church.

Suite

2000

20530

Virginia

Quirk, William James

Meehan and

354 State

Hackensac�NJ

Quirk

LLC

Street

07601

OHS/ICE Office of Chief Counsel

P.O.

Newark, NJ 07101

Box 1898

- NEW

Name: BATISTA-IZAIAS, MARCELO AD

NJ 07101 Box 1898 - NEW Name: BATISTA-IZAIAS, MARCELO AD A 074-165-264 Date of this notice:

A 074-165-264

Date

of this

notice:

8/22/2014

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

Sincerely,

DCn.nL c11/Vt.)

Enclosure

Panel Members:

Holmes,

David

8.

Donna Carr

Chief Clerk

Userteam: Docket
Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Marcelo Adriano Batista-Izaias, A074 165 264 (BIA Aug. 22, 2014)

Immigrant & Refugee Appellate Center | www.irac.net

• U.S. Department of Justice Decision of the Board of Immigration Appeals Executive Office for
• U.S. Department of Justice
Decision of the Board of Immigration Appeals
Executive Office for Immigration Review
.
Falls Church, Virginia 20530

File:

In re:

A074 165 264 - Newark, NJ

Date:

AUG

2 2 2014

MARCELO ADRIANO BATISTA-IZAIAS a.k.a. Marcelo A. Izaias a.k.a. Marcelo A.

Izaias Batista a.k.a. Marcelo A. Batista

IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT:

William James Quirk, Esquire

ON BEHALF OF DHS:

Anita C. DiNella Assistant Chief Counsel

APPLICATION:

Reopening

ORDER:

The Board entered the final administrative order in these procee4ings on April 15, 2010, when we dismissed the respondent's appeal from the decision of the Immigration Judge. The respondent's removal was based on a criminal conviction in which the respondent had a pending appeal before the New Jersey courts from the denial of an application for post-conviction relief.

Following his removal, the respondent filed a motion to reopen these proceedings based on

evidence that the appeal ultimately was successful and the conviction has now been vacated and

the criminal proceedings dismissed with prejudice. See Matter of Pickering, 23 l&N Dec. 621 (BIA 2003) (holding that a conviction that has been vacated by the criminal court based upon a procedural or substantive defect in the underlying proceedings is no longer a conviction for

immigration purposes).

While we have considered the Department of Homeland Security's opposition to the

respondent's motion, considering the entirety of circumstances presented, including the vacation

of the sole conviction underlying these proceeding, the proceedings are reopened under the

provisions of 8 C.F.R. § 1003.2(a) and terminated.

the provisions of 8 C.F.R. § 1003.2(a) and terminated. FOR THE BOARD Cite as: Marcelo Adriano

FOR THE BOARD

Cite as: Marcelo Adriano Batista-Izaias, A074 165 264 (BIA Aug. 22, 2014)