U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 22041

Almas, Aseph Law Office Of Aseph Almas P.O. Box 11846 Houston, TX 77293

OHS/ICE Office of Chief Counsel - HOU 126 Northpoint Drive, Suite 2020 Houston, TX 77060

Immigrant & Refugee Appellate Center | www.irac.net

Name: SANTOS-BACA, CLAUDIA LORENA

A077-387-355

Date of this notice: 2/23/2011

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

Donna Carr Chief Clerk

Enclosure

Panel Members: Guendelsberger, John King, Carol King, Jean C.

Cite as: Claudia Lorena Santos Baca, A077 387 355 (BIA Feb. 23, 2011)

U.S. Department of Justice

..

Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

5107 Letsburg Pike, Suite 2000 Falls C/111rch, Virgi11ia 12041

SANTOS-BACA, CLAUDIA LORENA A077-387-355 15850 EXPORT PLAZA HOUSTON, TX 77032

OHS/ICE Office of Chief Counsel 126 Northpoint Drive, Suite 2020 Houston, TX 77060

HOU

Immigrant & Refugee Appellate Center | www.irac.net

Name: SANTOS-BACA, CLAUDIA LORENA

A077387 355

Date of this notice: 2/23/2011

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being provided to you as a courtesy. Your attorney or representative has been served with this decision pursuant to 8 C.F.R. 1292.5(a). 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 the decision. Sincerelv.

DOrutL cl1/VL)
Donna Carr Chief Clerk

Enclosure

Panel Members: Guendelsberger, John King, Carol King, Jean C.

Cite as: Claudia Lorena Santos Baca, A077 387 355 (BIA Feb. 23, 2011)

U.S. Department of Justice Appeals Executive Office for Immigration Review Falls Church, Virginia 22041

Decision of the Board of Immigration

File:
Jn re:

A077 387 355 - Houston, TX CLAUDIA LORENA SANTOS BACA

Date:

FEB 2 3 2011

IN BOND PROCEEDINGS

Immigrant & Refugee Appellate Center | www.irac.net

APPEAL ON BEHALF OF RESPONDENT: Aseph Almas, Esquire

APPLICATION:

Change in custody status

The respondent has appealed the Immigration Judge's decision dated October 18, 2010. The Immigration Judge concluded that he lacked jurisdiction because the respondent had been convicted ofmultiple crimes involving moral turpitude. The record will be remanded for further proceedings. The Board reviews an Immigration Judge's findings of fact, including findings as to the credibility of testimony, under the "clearly erroneous" standard. 8 C.F.R.

1003 .1 (d)(3)(l); Matter

of S-H-,

23 I&N Dec. 462, 464-65

(BIA

2002) (stating that the Board must defer to the factual

determinations of an Immigration Judge in the absence of clear error). The Board reviews questions of law, discretion, and judgement and all other issues in appeals from decisions of Immigration Judges de novo. 8 C.F.R. 1003.I(d)(3)(ii). We find that a remand is necessary in this case. The Immigration Judge indicated that the lack of conviction documents precluded a finding that the respondent is subject to the mandatory detention provisions of the Act. I.J. Bond Mem. at 2. However, the Immigration Judge observed that the respondent's "multiple convictions for CIMT offenses" precluded the respondent from establishing that the Immigration Judge had jurisdiction over her custody redetermination hearing.
l.J. at I. Although the respondent appears to have made some admissions regarding her conviction , history, we find the Immigration Judge s conclusion that she had "multiple convictions for CIMT

offenses" is without sufficient foundation. The bond record does not provide sufficient information to support a conclusion that the respondent has been convicted of two or more crimes involving moral turpitude. See sections 237(a}(2)(A)(ii) of the Act.1 The respondent's admissions in this case are too lacking in detail to determine that she has been convicted of two or more crimes involving moral turpitude. The information contained in the bond worksheet does not provide dates for three of the four convictions, and the mere listing of the offenses fails to provide us with sufficient infonnation to determine if the convictions may be classified as crimes involving moral turpitude.

Wrobserve that the Immigration Judge did not provide any citations to the Act or case law to support his decision.

Cite as: Claudia Lorena Santos Baca, A077 387 355 (BIA Feb. 23, 2011)

A0.77 3 87 355

Because the record is insufficient to make a determination as to whether the respondent has been convicted oftwo or more offenses that fall within the definition of a crime involving moral turpitude, the record must be remanded to the Immigration Judge for further proceedings. ORDER: The record is remanded to the Immigration Judge for further proceedings consistent

with this decision.

Immigrant & Refugee Appellate Center | www.irac.net

Cite as: Claudia Lorena Santos Baca, A077 387 355 (BIA Feb. 23, 2011)

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U.S. DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT 5520 GREENS ROAD HOUSTON, TEXAS 77032

FILE:

A077-387-355

IN THE MATTER OF:

Immigrant & Refugee Appellate Center | www.irac.net

SANTOS-BACA,
RESPONDENT

CLAUDIA LORENA

IN REMOVAL PROCEEDINGS

ORDER OF THE IMMIGRATION JUDGE WITH RESPECT TO CUSTODY

Request having been made for a change in the custody status of respondent pucsuant to B it is hereby CFR 236.l(c), and full consideration having een given to the representations of the Department of Homeland Security and the respondent,

)(,

ORDERED that the request for a change in custody status be denied. ORDERED that the request be granted and that respondent be: released from custody on his own recognizance

OTHER

Copy of this decision has been served on the respondent and the Department of Homeland Security. APPEAL: waived

--
2010 mie L.

HOUSTON SERVICE PROCESSING CENTER Date: October 18,

Benton

igration Judge

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