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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
A077-387-355
Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,
Enclosure
Cite as: Claudia Lorena Santos Baca, A077 387 355 (BIA Feb. 23, 2011)
OHS/ICE Office of Chief Counsel 126 Northpoint Drive, Suite 2020 Houston, TX 77060
HOU
A077387 355
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
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
File:
Jn re:
Date:
FEB 2 3 2011
IN BOND PROCEEDINGS
APPLICATION:
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.
of S-H-,
(BIA
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
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
SANTOS-BACA,
RESPONDENT
CLAUDIA LORENA
IN REMOVAL PROCEEDINGS
)(,
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.
Benton
igration Judge
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