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Yacub, Ivan, Esq. Yacub Law Offices 307 E. Annandale Rd., #201 Falls Church, VA 22042
OHS/ICE Office of Chief Counsel 31 Hopkins Plaza, Room 1600 Baltimore, MD 21201
BAL
A 029-012-746
Enclosed is a copy of the Board's decision and order in the above-referenced case. Sincerely,
Don.nL ct1IVLJ
Donna Carr Chief Clerk
Cite as: Jose Mauricio Diaz, A029 012 746 (BIA Nov. 19, 2013)
DIAZ, JOSE MAURICIO A029012-746 WORCESTER COUNTY JAIL 5022 JOYNER ROAD SNOW HILL, MD 21863
OHS/ICE Office of Chief Counsel 31 Hopkins Plaza, Room 1600 Baltimore, MD 21201
BAL
A 029-012-746
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,
DonnL ct1/VL)
Donna Carr Chief Clerk
Cite as: Jose Mauricio Diaz, A029 012 746 (BIA Nov. 19, 2013)
'
File:
Date:
NOV 1 92ot3
On March 13, 2013, the Immigration Judge found the respondent removable under section 237(a)(2)(A)(iii) of the Immigration and Nationality Act, 8 U.S.C.
1227(a)(2)(A)(iii)
(alien convicted of an aggravated felony as defined in section 10l(a)(43)(F) of the Act, 8 U.S.C.
10l(a)(43)(F), to wit: crime of violence), found him ineligible for relief from removal, and
ordered his removal to El Salvador. The Immigration Judge also denied the respondent's motion to continue the proceedings for post-conviction relief. On June 27, 2013, the Board dismissed the respondent's appeal from the Immigration Judge's decision denying the motion to continue. On September 25, 2013, the respondent filed the instant motion to reopen before the Board. section 240(c)(7) of the Act, 8 U.S.C. be remanded to the Immigration Judge. During his removal hearing, the respondent, through former counsel, admitted that he had been convicted of second-degree asault under Md. Code Ann., Crim. Law conceded that he was removable based on that conviction. The United States Court of Appeals for the Fourth Circuit has observed that Maryland's second-degree assault statute reaches both violent and nonviolent touching. not categorically crimes of violence. U.S.
v.
See
Homeland Security has not opposed this motion. The motion will be granted, and the record will
3-203, and
Following the
Immigration Judge's decision, the circuit court concluded that convictions under that statute are
See Karimi v. Holder, 715 F.3d 561, 568 (4th Cir. 2013); Harcum, 587 F.3d 219, 224 (4th Cir. 2009). Also subsequent to the Immigration Judge's See Descamps
v.
decision, the U.S. Supreme Court addressed the appropriate application of an elements-based examination of a statute of conviction.
In light of the recent relevant decisions from the Supreme .Court and the Fourth Circuit, the Board will grant the motion to reopen and remand the record to permit the Immigration Judge to reexamine the issue of removability in the first instance, and to enter a new decision. 8 C.F.R.
See
The Board,
Inasmuch as the proceedings will be remanded for a new decision regarding removability, the
Board will not at this time consider the ineffective assistance of counsel claim raised in the instant motion.
Cite as: Jose Mauricio Diaz, A029 012 746 (BIA Nov. 19, 2013)
Accordingly, the following orders will be entered. ORDER: The motion to reopen is granted. FURTHER ORDER: The record is remanded to the Immigration Judge for further
R THE BOARD
Cite as: Jose Mauricio Diaz, A029 012 746 (BIA Nov. 19, 2013)
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