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, Esquire
Law Ofice of Ricci & Sprouls
445 Washington Street
San Francisco, CA 94111-0000
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leesbur Pike. Suite 2000
Fals Church. Vrinia 22041
OHS/ICE Ofice of Chief Counsel SFR
P .0. Box 26449
San Francisco, CA 94126-6449
Name: CONTRERAS-TORRES, FEDERICO A036157819
Date of this notice: 1/20/2012
Enclosed is a copy of the Board's decision and order in the above-refrenced case.
Enclosure
Panel Members:
Hofman, Sharon
Sincerely,
Donna Carr
Chief Clerk
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Cite as: Federico Contreras-Torres, A036 157 819 (BIA Jan. 20, 2012)
. U.S.,Department of Justice
Executive Ofce fr Imigation Review
Decision of the Board oflmigation Appeals
Falls Church, Virginia 22041
File: A036 157 819 - San Francisco, CA
In re: FEDERCO CONTRRAS-TORS
IN REMOVAL PROCEEDINGS
APPEAL
Date:
ON BEHALF OF RESPONDENT: John E. Ricci, Esquire
ON BEHALF OF OHS: Nancy C. Liu
Assistt Chief Counsel
CHARGE:
JAN
JOZOIZ
Notice: Sec. 237(a)(2)(B)(i), I&N Act [8 U.S.C. 1227(a)(2)(B)(i)
] -
Convicted of controlled substance violation
APPLICATION: Termination of proceedings; reopening; reconsideration
In a decision, dated April 21, 2011, the Immigration Judge terminated these removal proceedings
upon concluding that the Department of Homeland Security ("OHS") had not presented clear and
convincing evidence that the respondent, a native and citizen of Mexico who was admited to the
United States as a lawfl peranent resident in 1976, was subject to removal as an alien who, at any
time afer admission, had been convicted of a violation of a law relating to a contolled substance.
See sections 237(a)(2)(B)(i), 240(c)(3)(A) of the Immigation and Nationalit Act, 8 U.S.C.
1227(a)(2)(B)(i), 1229a(c)(3)(A). In a separate decision, dated May 16, 2011, the Immigration
Judge denied a motion to reconsider and reopen which was fled by the OHS on May 5, 2011. The
OHS has appealed both of those decisions. We will dismiss both of the DHS's appeals.
Upon de novo review, we afrm the Immigration Judge's decisions to terminate these removal
proceedings and deny the DHS's motion. Like the Immigration Judge, we are not satisfed that the
evidence presented by the OHS is sufcient, under the jurisprudence of the United States Court of
Appeals fr the Ninth Circuit, to establish the respondent's removability as the evidence presented
does not sufciently establish the fctual basis fr the respondent's 2007 Califria state conviction.
See Fregozo v. Holder, 576 F.3d 1030, 1040 (9th Cir. 2009); US. v. Vdal, 504 F.3d 1072, 1088
(9th Cir. 2007); Ruiz-Vdal v. Gonzales, 473 F.3d 1072, 1078 (9th Cir. 2007); see also Avila v.
Holder, 2011 WL 5032583, No. 07-72965 (9th Cir. Oct. 24, 2011); Garcia-Tellez v. Holder,
2011W4542678, No. 07-72366 (9th Cir. Oct. 3, 2011). Unlike the evidence described in Retuta
v. Holder, 591 F.3d 1181 (9 Cir. 2010), and US. v. Snellenberger, 548 F.3d 699 (9th Cir. 2008),
we do not consider the evidence ofered by the OHS during the course of these removal proceedings
to be sufciently clear and convincing to establish the respondent's removabilit. To the same
extent, the evidence ofered in support of the motion to reconsider and reopen is also insuffcient to
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Cite as: Federico Contreras-Torres, A036 157 819 (BIA Jan. 20, 2012)
l
A03f 157 819
meet the DHS's burden of establishing the respondent's removability. Accordingly, we will not
disturb the Immigration Judge's decisions in this matter. The fllowing orders are entered.
ORER: The Department of Homeland Security's appeal of the Immigation Judge's decision
terminating these removal proceedings, dated April 21, 2011, is dismissed.
FURTER ORDER: The Departent of Homeland Security's appeal of the Immigration
Judge's decision denying the motion to reconsider ad reopen, dated May 16, 2011, is dismissed.
2
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Cite as: Federico Contreras-Torres, A036 157 819 (BIA Jan. 20, 2012)
In Re
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
SAN FRANCISCO, CALIFORNIA
Federico Contreras-Torres,
Respondent.
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File Number: A036 157 819
In Removal Proceedings
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CONTRERS-TRRES, FEDERICO
ATACHE IS A CPY OF THE DECISION OF THE IMMIGRTION JUGE. THIS
DECISION IS FINA ULESS A APPEAL IS FILE WITH THE BOAD OF
IMIGRTION APPEAS WITHI 30 CA DAYS OF T DATE OF T MILING
OP THIS WRITN DECISION. SEE T ECSE FORS A INSTRUCIONS FOR
PROPELY PREPAIG YOU APPEA. YOU NOTICE OF APPEA A ATACHE
DCS MST BE MILE T:
BOA OP IMIGTION APPES
OFFICE OF THE C
P.O. BOX 8530
FALS CHCH, V 22041
ATAC IS A COPY OF THE DECISION OF THE IMIGRTION JGE AS THE
RESUT OF YOU FAILOB T APPEA AT YOU SCHBDUEO DBPORTION OR REMOV
HEAING. THIS DECISION IS FIN ULESS A MOTION T REOPEN IS FILE
IN ACCORDACE WITH SECTION 242B(c) (3) OF THE IMIGRTION A NATIONAITY
ACT, 8 U.S.C. SECTION 1252B(c) (3) IN DEPORTATION PROCEEDINGS OR SECTION
240(c) (6), 8 u.s.c. SECTION 1229a(c)(6) IN REMOVA PROCEEDINGS. IF YOU
FILB A MOION T REOPE, YOU MOTION MUST BE FILE WIT THIS COURT:
OTER:
IMIGRTION COUT
120 MONOMRY ST. , SUITE 800
SA FCISCO, C 94104
CC: LW OFFICE OF RICCI & SPROUS
RICCI, JOH E.
445 WASHINGTON STREET
S FCISCO, C 94111
LS
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Y
UD STATS DEPARTNT OF JSTCE
ECUTIVE OFFICE FOR IMGRTON RVIW
IMGRTON COURT
SA FRCISCO, CALIFORA
I the Mater of Federco Conter Tors A Nubr 036 157 819
ORER OF T IMGRATION RDGE
Uion cnsideron of DEPATMNT OF HOMLD SECUTY MOTION TO
RCONSIER A MOTION TO ROPEN, it is HRBY ORERD tat te moton be:
Date:
D GRTD DE becaue:
s
-
0 Te rspondent does not oppose te moton. o
0 A rspone to te moton ha not been fled wt te cu E
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D Oood cuse has ben estlished fr te motion.
D Te cou agees wit the reaons stated i te opposition to te moti
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D Te moton is utely per
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;
Oter:
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Deadlines:
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0 Te application(s) fr relief mut b fled by
0 Te respondent must comply with DHS biometcs instctons by
F/
Cercte of Sece:
Tis docuent w seed by: [ ] Mail [ ] Peron Serice
To: [ ] Aien [ ] Alien co Cstodial Ofcer [ ] Alien's At/ep [ ]
DHS
Dat: By: Cu Stf
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