Framm-Anton, Hedi, Esq. Attorney at Law 1300 So. Van Ness Ave ., Ste 201 San Francisco, CA 94110-4084 U.S. Department of Justice Executive Office r Immigration Review Board ofImmiation Appeals Office of the Clerk 5107 Leesburg Pi, Suite 2000 Fas Church. rginia 2204/ OHS/ICE Office of Chief Counsel - SFR P .0. Box 26449 San Francisco, CA 94126-6449 Name: GRANADOS SOLANO, FELIPE A 075-540-798 Date of this notice: 11/27/2015 Enclosed is a copy of the Board's decision and order in the above-rerenced case. Enclosure Panel Members: Grant, Edward R. Sincerely, D C Donna Ca Chief Clerk Userteam: Docket For more unpublished BIA decisions, visit www.irac.net/unpublished/index/ Immigrant & Refugee Appellate Center, LLC | www.irac.net Cite as: Felipe Granados Solano, A075 540 798 (BIA Nov. 27, 2015)
6
Embed
Felipe Granados Solano, A075 540 798 (BIA Nov. 27, 2015)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the respondent obtained an expungment of his drug conviction prior to the decision in Nunez-Reyes v. Holder, 646 F.3d 684 (9th Cir. 2011) (en banc), which held that such expungements do not nullify the immigration consequences of a conviction but applied its rule prospectively rather than retroactively. The decision was issued by Member Edward Grant.
Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index
Welcome message from author
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
Framm-Anton, Hedi, Esq. Attorney at Law 1300 So. Van Ness Ave ., Ste 201 San Francisco, CA 94110-4084
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/
OHS/ICE Office of Chief Counsel - SFR P .0. Box 26449 San Francisco, CA 94126-6449
Name: GRANADOS SOLANO, FELIPE A 075-540-798
Date of this notice: 11/27/2015
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members: Grant, Edward R.
Sincerely,
Don.rtL C t1/Vu
Donna Carr Chief Clerk
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished/index/
U.S. Department of Justice Executive Office for Immigration Review
Decision of the Board of Immigration Appeals
Falls Church, Virginia 22041
File: A075 540 798 - San Francisco, CA
In re: FELIPE GRANADOS SOLANO
IN REMOVAL PROCEEDINGS
APPEAL
Date:
ON BEHALF OF RESPONDENT: Hedi Framm-Anton, Esquire
APPLICATION: Continuance; adjustment of status
NOV 2 7 2015
The respondent, a native and citizen of Mexico, appeals from the August 27, 2014, decision of the Immigration Judge denying a continuance. The record will be remanded.
At a master calendar hearing in June 2011, the respondent informed the Immigration Judge that he was the beneficiary of an approved visa petition filed on his behalf by his United States citizen wife and was eligible to adjust status under section 245(i) of the Immigration and Nationality Act, 8 U.S.C. § 1255 (Tr. at 23-24). At a subsequent master calendar hearing in February 2014, the respondent advised the court that he had retained a criminal attorney in order to attempt to vacate his conviction for a violation of California Health and Safety Code§ 11550 (Tr. at 35). At the merits hearing before the Immigration Judge in August 2014, the respondent requested a continuance to pursue vacation of his criminal conviction (Tr. at 48).
In the August 2014 decision, the Immigration Judge acknowledged that the respondent's drug conviction had been expunged under§ 1203.4 of the California Penal Code on March 25, 2010 (Tr. at 43). However, the Immigration Judge denied a continuance based on the decision of the United States Court of Appeals for the Ninth Circuit in Nunez-Reyes v. Holder, 646 F.3d 684 (9th Cir. 2011) ( en bane), citing to that part of the decision holding that expungement of a state drug conviction under§ 11550 does not require the same treatment, for immigration purposes, as a federal drug conviction that has been expunged under the Federal First Offender Act (I.J. at 2; Tr. at 43). However, the Ninth Circuit held that the new rule should not be applied retroactively. Nunez-Reyes, 646 F.3d at 694. The respondent's conviction under the California Penal Code was expunged prior to the decision in Nunez-Reyes. Accordingly, we find that a remand to the Immigration Judge is warranted for a new decision.
ORDER: The record is remanded to the Immigration Judge for further proceedings and the issuance of a new decision.