Ullman, Rachel S., Esq. Yang & Ullman, P.C. 11510 Georgia Avenue, Suite 150 Silver Spring, MD 20902

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 22041

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

Name: RAMESH, RAMKELAWAN ROBIN A 099-275-577

Date of this notice: 12/11/2012

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

Enclosure

Panel Members: Adkins~Bianch, Charles K.

Sincerely,

DCinltLCQ/v\J Donna Carr Chief Clerk

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Cite as: Ramkelawan Robin Ramesh, A099 275 577 (BIA Dec. 11, 2012)

U.S. Department of Justice Executive Office for Imrlrigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

File: A099 275 577 - Baltimore, MD Date:

In re: RAMKELA WAN ROBIN RAMESH DEC 11 2012

IN REMOVAL PROCEEDINGS

APPEAL AND MOTION

ON BEHALF OF RESPONDENT: Rachel Ullman, Esquire

APPLICATION: Remand

On April 28, 2011, an Immigration Judge ordered the respondent removed to Trinidad and Tobago after determining that he was statutorily ineligible for adjustment of status under section 245(a) of the Immigration and Nationality Act, 8 U.S.C. § 1255(a), due to his two convictions for possession of marijuana. The respondent filed a timely appeal of the Immigration Judge's decision. On October 2, 2012, the respondent filed a motion to remand. Attached to his motion, he submitted evidence that on January 24, 2012, a state court vacated his 2007 conviction pursuant to Padillav. Kentucky, 130S. Ct.1473 (2010). Therespondentassertsthatashisremainingconviction can be waived under section 212(h) of the Act, he is now eligible for adjustment of status. The Department ofHomeland Security (DHS) has not filed a brief in opposition.

Based on the evidence of the vacatur of the respondent's conviction, and in light ofthe DHS' non-opposition to his motion, we find that a remand for further consideration as to the respondent's eligibility for relief from removal is appropriate. Accordingly, the following order shall be issued.

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

FOR THE BOARD

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Cite as: Ramkelawan Robin Ramesh, A099 275 577 (BIA Dec. 11, 2012)

( • U.S. DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW IMMIGRATION COURT

Baltimore, Maryland

File A 99 275 577

In the Matter of

RAMESH ROBIN RAMKELAWAN

Respondent

CHARGE:

APPLICATION:

APPEARANCES:

ON BEHALF OF RESPONDENT:

Morris Sochaczewski, Esquire

Date: April 28, 2011

IN REMOVAL PROCEEDINGS

ON BEHALF OF THE DEPARTMENT OF HOMELAND SECURITY:

Johnny Fischler, Esquire

ORAL DECISION OF THE IMMIGRATION JUDGE

The Court did find that removability was established by

clear and convincing evidence. The Respondent admitted all

allegations and charges in the Notice to Appear.

The Respondent has requested adjustment of status under

INA Section 245. However, it emerged at an Individual hearing

that was scheduled in the case that the Respondent currently has

two convictions for possession of marijuana and thus he is not

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• ~ ( .I

currently el~gible for adjustment of status. The Respondent did

request a continuance so that the State Court of Cobb County in

Georgia could review his "Extraordinary Motion to Set Aside Plea

and Vacate Sentence." Although that is scheduled to be heard on

Friday, May 13, 2011, the Court has decided to deny the request

for a continuance, in part because this case has been pending for

so long.

The Court will therefore deny the application for

adjustment of status today. However, if the Respondent does get

relief in the state court in Georgia that then suggests that he

would be eligible for relief in Immigration Court, the Court would

be happy to see the appropriate motion filed in the case. The

Court also would certainly be happy to look at the case again on

remand from the Board if there are further developments after an

appeal must be filed. For today, I am going to deny the

application for adjustment of status.

The Respondent did request voluntary departure in the

alternative. However, the Respondent's passport has expired.

Accordingly, he does not currently meet the requirements for post-

hearing voluntary departure. Accordingly, the Respondent's

application for post-hearing voluntary departure is denied and the

Respondent is ordered removed to Trinidad and Tobago.

A 99 275 577 2 April 28, 2011

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,·· Again, however, as the Court noted, if there are further

developments in the case the Court would be happy to review the

case again either on the appropriate motion to the court or on

remand from the Board.

A 99 275 577

~a fLup_ Udg EliZabeth A. Kessler

w/o lJ review Fe)m

Elizabeth A. Kessler Immigration Judge

3 April 28, 2011

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CERTIFICATE PAGE

I hereby certify that the attached proceeding before

ELIZABETH A. KESSLER, in the matter of:

RAMESH ROBIN RAMKELAWAN

A 99 275 577

Baltimore, Maryland

was held as herein appears, and that this is the original

transcript thereof for the file of the Executive Office for

Immigration Review.

emc/bjn

Elizabeth M. Conrad, Transcriber

YORK STENOGRAPHIC SERVICES, INC. 34 North George Street York, Pennsylvania 17401-1266 (717) 854-0077

July 27, 2011

Completion Date

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