Seguinot, Marc, Esq.

Seguinot & Associates, P.C.

2722 Merrilee Drive, Suite 340
Fairax, VA 22031
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
510 7 lees burg Pike. Suite 2000
Ftls Cl111rd1. Virgi11ia 22041
OHS/ICE Ofice of Chief Counsel WAS
500 12th St., SW, Mail Stop 5902
Washington, DC 20536
Name: AGUILAR, PATRICIA ANGELICA A 090-599-76
Date of this notice: 616/2013
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Kendall-Clark, Molly
Sincerely,
DO c t
Donna Carr
Chief Clerk
schw<rzA
Userteam: Docket
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Cite as: Patricia Angelica Aguilar, A090 599 476 (BIA June 6, 2013)
U.S. Department of Justice
Executive Ofce fr Immigration Review
Decision of the Board oflmmigation Appeals
Falls Church, Virginia 22041
File: A090 599 476 -Arlington, VA Date:
JUN 6 2013
In re: PATRICIA ANGELICA AGUILAR a.k.a. Patricia Angelica Membreno
I RMOVAL PROCEEDINGS
APPEAL AND MOTION
ON BEHALF OF RSPONDENT: Marc Seguinot, Esquire
APPLICATION: Remand
This case is befre us on remand fom The United States Cour of Appeals fr the
Fouth Circuit. On January 3, 2013, the Fourh Circuit granted the goverent's unopposed
motion to remand the proceedings fr frher consideration of our dismissal of the respondent's
appeal of the Immigration Judge's decision fnding that the respondent is statutorily ineligible fr
a waiver of inadmissibilit under section 212(h) of the Immigration and Nationality Act, 8 U.S.C.
1182(h). Separate fom the Fourh Circuit's remand, the respondent has fled a motion to
remand the proceedings to the Immigration Court. The Deparment of Homeland Security has
not responded to the motion, which will be granted.
Following our February 29, 2012, dismissal of the respondent's appeal, the Four Circuit
held in Leiba v. Holder, 699 F.3d 346 (4th Cir. 2012), that an alien -such as the respondent -
who adjusts her status to that of a lawfl peranent resident afer illegally entering the United
States without inspection is eligible fr a section 212(h) waiver. See also Bracamontes v. Holder,
675 F.3d 380 (4th Cir. 2012). Consequently, the respondent is eligible to apply fr a
discretionary waiver of inadmissibility under section 212(h) of the Act with respect to her
aggravated flony conviction. Accordingly, the fllowing orders will be entered.
ORDER: The motion to remand is granted.
FURTHER ORER: Our Febrary 29, 2012, decision is vacated.
FURTHER ORDER: The record is remanded to the Immigration Court fr frther
proceedings not inconsistent with this decision.
FOR THE BOAR
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Cite as: Patricia Angelica Aguilar, A090 599 476 (BIA June 6, 2013)