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    George Ndungu Kiragu, A094 217 234 (BIA March 29, 2011)

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    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte over the objection of the Department of Homeland Security in light of the respondent's wife explanation for the delay in filing a visa petition on his behalf and evidence that the respondent's criminal conviction was vacated on due process grounds. The decision was written by Member David Holmes.

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    George Ndungu Kiragu, A094 217 234 (BIA March 29, 2011)

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    Immigrant & Refugee Appellate Center, LLC
    93 views2 pages
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte over the objection of the Department of Homeland Security in light of the respondent's wife explanation for the delay in filing a visa petition on his behalf and evidence that the respondent's criminal conviction was vacated on due process grounds. The decision was written by Member David Holmes.

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    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte over the objection of the Department of Homeland Security in light of the respondent's wife explanation for the delay in filing a visa petition on his behalf and evidence that the respondent's criminal conviction was vacated on due process grounds. The decision was written by Member David Holmes.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    93 views2 pages

    George Ndungu Kiragu, A094 217 234 (BIA March 29, 2011)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte over the objection of the Department of Homeland Security in light of the respondent's wife explanation for the delay in filing a visa petition on his behalf and evidence that the respondent's criminal conviction was vacated on due process grounds. The decision was written by Member David Holmes.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 2

    U.S.

    Department of Justice Executive Office for Immigration Review Board ofImmigration Appeals Office ofthe Clerk

    5107 Leesburg Pike, Suite 1000 Falls C/111rcll, Virginia 11041

    KIRAGU, GEORGE NDUNGU

    OHS/ICE Office of Chief Counsel - BAL 31 Hopkins Plaza, Room 1600 Baltimore, MD 21201

    At# 094-217-234 P.O. BOX 189 SNOW HILL, MD 21863

    Immigrant & Refugee Appellate Center | www.irac.net

    Name: KIRAGU, GEORGE NDUNGU

    A094-217-234

    Date of this notice: 3/29/2011

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

    Donna Carr Chief Clerk

    Enclosure

    Panel Members: Holmes, David B.

    For more unpublished BIA decisions, visit www.irac.net/unpublished

    Cite as: George Ndungu Kiragu, A094 217 234 (BIA March 29, 2011)

    '

    U:S. Department of Justice


    Executive Office for Immigration Review Falls Church, Virginia 22041

    Decision of the Board of Immigration Appeals

    File:

    A094 217 234 - Baltimore, MD

    Date:

    MAR 2 20i1

    In re: GEORGE NDUNGU KIRAGU IN REMOVAL PROCEEDINGS MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Pro se

    Immigrant & Refugee Appellate Center | www.irac.net

    Joey L. Caccarozzo Assistant Chief Counsel

    APPLICATION:

    Reopening

    ORDER: Considering the entirety of circumstances presented in this case involving a detained, unrepresented alien, including his attempts to file a timely motion, the proceedings are reopened under the provisions of 8 C.F.R. 1003.2(a), and the record will be remanded to the Immigration Judge to provide the respondent a further opportunity to establish his eligibility for relief from removal. While we have considered the Department of Homeland Security's (DHS) opposition to the respondent's motion, we find that the additional evidence proffered with the respondent's motion, including the respondent's wife's explanation for the delay in filing the visa petition and the evidence that the respondent's Maryland State conviction has been vacated based on a ruling that his plea was not "entered knowingly, intelligently or voluntarily," warrants further consideration of the respondent's eligibility for adjustment of status and of his removability under the lodged charge. We express no opinion on the respondent's ultimate eligibility for relief from removal or, if eligible, whether he would warrant a favorable exercise of discretion. FURTHER ORDER: The record is remanded to the Immigration Judge for further proceedings and entry of a new decision.

    FOR THE BOARD

    Cite as: George Ndungu Kiragu, A094 217 234 (BIA March 29, 2011)

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