U.S.

Department of Justice

Executive Office for Immigration Review

Board of Immigration Appeals

Office of the Clerk

5107 leesburg Pike, Suite 2000

Falls Church, Virginia 2204/

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

WATKINS, AL S DHS LIT.Nork Co. PrisonNOR
175 PIKE COUNTY BLVD 3400 Concord Road
LORDS VALLEY, PA 18428 York, PA 17402

Name: WATKINS, AL S A 047-928-924

Date of this notice: 6/9/2017

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

Sincerely,

/.....__,. l,/UJ o
, J I
Cynthia L. Crosby
Deputy Chief Clerk

Enclosure

Panel Members:
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/

Cite as: Al S. Watkins, A047 928 924 (BIA June 9, 2017)

U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A047 928 924- York, PA Date: JUN - 9 2017

In re: AL S. WATKINS

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

IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT: Pro se

ON BEHALF OF OHS: Maureen C. Gaffney

Assistant Chief Counsel

This case was last before us on February 9, 2017, when we dismissed the respondent's appeal
from the Immigration Judge's May 5, 2016, order of removal. The respondent filed a timely
motion to reopen on April 24, 2017. The Deparbnent of Homeland Security opposes the motion.
The motion will be granted. The case will be remanded to the Immigration Judge for further
proceedings and for the entry of a new decision.

A motion to reopen shall state the new facts that will be proven at a hearing to be held if the
motion is granted, and shall be supported by affidavits or other material evidence. See section
240(c)(7)(B) of the Immigration and Nationality Act, 8 U.S.C. 1229a(c)(7)(B). The respondent
argues that our prior order was incorrect. The respondent argues that in our prior order we
misapplied the modified categorical approach when analyzing the relevant statute of conviction,
35 Pa Cons. Stat. 78-l 13(a)(30). Consequently, he argues that our determination that his
conviction constituted an aggravated felony under section 10l(a)(43)(B) of the Act,
8 U.S.C. 1101(a)(43)(B), was incorrect. Specifically, he argues that we erred when we looked
at the facts asserted in the conviction records. See Walker v. Atty Gen., 625 Fed.Appx. 87, 90 (3d
Cir. 2016). Along with the motion, the respondent has submitted a copy of an unpublished Board
order which supports his analysis. Based on the forgoing, we will reopen these proceedings and
remand the record to the Immigration Judge for further proceedings and for the entry of a new
decision.

ORDER: The motion to reopen is granted.

FURTHER ORDER: The record is remanded to the Immigration Judge for further proceedings
consistent with the foregoing opinion and for the entry of a new decision.

Cite as: Al S. Watkins, A047 928 924 (BIA June 9, 2017)