Quirk, William James

Meehan and Quirk LLC

354 State Street
HackensacNJ 07601
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leesburg Pik, Suite 2000
Fls Church. Virginia 20530
OHS/ICE Office of Chief Counsel - NEW
P.O. Box 1898
Newark, NJ 07101
Name: BATISTA-IZAIAS, MARCELO AD ... A 07 4-165-264
Date of this notice: 8/22/2014
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Holmes, David 8.
Sincerely,
DC c 1
Donna Carr
Chief Clerk
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Marcelo Adriano Batista-Izaias, A074 165 264 (BIA Aug. 22, 2014)

U.S. Deparment of Justice
Executive Ofce fr Immigation Review
Decision of the Boad of Immigation Appeals
.
Falls Chuch, Virgina 20530
File: A074 165 264 - Newark, NJ
Date:
AUG 2 2 2014
In re: MCELO ADRIANO BATISTA-IZAIAS a.k.a. Macelo A. Izaias a.k.a. Macelo A.
Izaias Batista a.k.a. Macelo A. Batista
I REMOVAL PROCEEDIGS
MOTION
ON BEHALF OF RESPONDENT: Willia James Quirk, Esquire
ON BEHALF OF DHS:
APPLICATION: Reopening
ORDER:
Aita C. DiNella
Assistant Chief Counsel
The Board entered the fnal administrative order in these procee4ings on April 15, 2010,
when we dismissed te respondent's appeal fom te decision of te Immigation Judge. The
respondent's removal was based on a criminal conviction i which the respondent had a pending
appeal befre the New Jersey cours fom the denial of an application fr post-convicton relief.
Following his removal, te respondent fled a motion to reopen tese proceedings based on
evidence that the appeal ultimately was successfl ad the conviction ha now been vacated ad
the criminal proceedings dismissed with prejudice. See Matter of Pickring, 23 l&N Dec. 621
(BIA 2003) (holding tat a conviction tat has been vacated by the criminal cou based upon a
procedural or substative defct in the underlying proceedings is no longer a conviction fr
immigration puroses).
While we have considered te Depaent of Homelad Security's opposition to te
respondent's motion, considering the entrety of circustaces presented, including the vacation
of te sole conviction underlying tese proceeding, the proceedings ae reopened under te
provisions of 8 C.F .R. 1003 .2( a) and terinated.
FOR THE BOA
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Cite as: Marcelo Adriano Batista-Izaias, A074 165 264 (BIA Aug. 22, 2014)