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Department of Justice
A 043-910-846
Date of this notice: 1/19/2016
DOY1.JtL Ca.AA)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Miller, Neil P.
Userteam:
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File: A043 910 846 - Charlotte, NC
Date:
MOTION
ON BEHALF OF RESPONDENT: Pro se 1
APPLICATION: Reopening
ORDER:
The final administrative order of removal in the present proceedings was entered by the
Board on November 5, 2013. On November 4, 2015, the respondent filed the present motion to
reopen. The Department of Homeland Security has not responded to or opposed the
respondent's motion. Considering the totality of circumstances and evidence presented,
including that the conviction underlying these removal proceedings, "Attempt Battery with
Substantial Bodily Harm," in violation of Nevada law, does not categorically qualify as an
aggravated felony crime of violence, the respondent's motion to reopen is granted under the
provisions of 8 C.F.R. 1003.2(a), and the record is remanded to permit the Immigration Judge
to reexamine the issue of removability in the first instance, and to enter a new decision. See
8 C.F.R. 1003.l(d)(3)(iv) (limiting the Board's fact-finding ability on appeal). See, e.g., Hobbs
v. State, 251 P.3d 177, 179-80 (Nev. 2011) (recognizing that a battery under section 200.485.1 of
the Nevada Revised Statutes may be committed using nonviolent force); Karimi v. Holder,
715 F.3d 561, 568 (4th Cir. 2013) (observing that a conviction under Maryland's second-degree
assault statute reaches both violent and nonviolent touching and concluding that convictions
under that statute are not categorically crimes of violence). The Board, however, expresses no
opinion regarding the outcome of proceedings on remand.
FURTHER ORDER: The record is remanded to the Immigration Judge for further
proceedings not inconsistent with the foregoing opinion and the entry of a new decision.
FORHE BOARD
1
The motion reflects that it was filed on the respondent's behalf by Attorney Nicolas A. Olano.
The Board does not recognize Nicolas A. Olano as the attorney of record for the respondent as he
has not submitted the required Form EOIR-27 (Notice of Entry of Appearance as Attorney or
Representative Before the Board of Immigration Appeals). A courtesy copy of the decision will
be sent to Nicolas A. Olano, Esquire.
Cite as: Amabel Amado Alcivar Salavarria, A043 910 846 (BIA Jan. 19, 2016)
IN REMOVAL PROCEEDINGS