U.S.

Department of Justice
Executive Office for Immigration Review

Board of Immigration Appeals

q[fice of the Clerk
5107 Leesburg Pike. Suite 2000
Falls Church, Virginia 20530

OHS/ICE Office of Chief Counsel - BTV

Law Office of George A. Terezakis

170 Old Country road, Suite 311
Mineola, NY 11501

130 Delaware Avenue, Room 203

Buffalo, NY 14202

Name: CWALINSKI, KAMIL

A 047-081-455

Date of this notice: 3/9/2015

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

bonrtL {!t1/VL)
Donna Carr
Chief Clerk

Enclosure
Panel Members:
Miller. Neil P.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index
Cite as: Kamil Cwalinski, A047 081 455 (BIA March 9, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

Terezakis, George A.

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 20530

OHS/ICE Office of Chief Counsel - BTV

130 Delaware Avenue, Room 203
Buffalo, NY 14202

BATAVIA, NY 14020

A 047-081-455

Name: CWALINSKI, KAMIL

Date of this notice: 3/9/2015

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.S(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.
Sincerely,

DonftL c:t1AA)
Donna Carr
Chief Clerk

Enclosure
Panel Members:
Miller. Neil P.

Userteam:

Cite as: Kamil Cwalinski, A047 081 455 (BIA March 9, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

CWALINSKI, KAMIL
A047-081-455
C/O OHS-BUFFALO FEDE RAL D.F.
4250 FEDE RAL DRIVE

U.S. Department of Justice

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Fall Church, Virginia 20530

File:

Date:

A047 08 1 455 -Batavia, NY

MAR

In re: KAMIL CWALINSKI

9 2015

MOTION
ON BEHALF OF RESPONDENT:
ON BEHALF OF DHS:

George A. Terezakis, Esquire

Michael G. Dreher
Assistant Chief Counsel

APPLICATION: Reopening; stay of removal

ORDER:

The respondent has filed a motion to reopen, and the Department of Homeland Security
states that it does not oppose the motion. He presents evidence (Motion Exh. A) which shows
that on December 4, 20 1 4, a New York criminal court resentenced

him to 5 years' probation for

his attempted robbery second degree offense. Because the term of imprisonment is no longer for
at least 1 year, his conviction does not constitute an aggravated felony, and he is not statutorily
barred from cancellation of removal for certain permanent residents.

Accordingly, we reopen

proceedings sua sponte to allow him to pursue his cancellation application.

The respondent's

stay request has been rendered moot.

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

J. f? l----
FOR THE BOARD

Cite as: Kamil Cwalinski, A047 081 455 (BIA March 9, 2015)

Immigrant & Refugee Appellate Center | www.irac.net

IN REMOVAL PROCEEDINGS