U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals
Office ofthe Clerk
5/07 Leesburg Pike. Suite 2000
Falls Church, Virginia 22041

DHS/ICE Office of Chief Counsel - BTV

130 Delaware Avenue, Room 203
Buffalo, NY 14202

Name: CHARLES, AKIM JOSEPH TRIVUS

A 040-166-697
Date of this notice: 1/3/2017

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

DOWtL CWV'L)
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Guendelsberger, John

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Akim Joseph Trivus Charles, A040 166 697 (BIA Jan. 3, 2017)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

CHARLES, AKIM JOSEPH TRIVUS

A040-166-697
C/0 OHS-BUFFALO FEDERAL D.F.
4250 FEDERAL DRIVE
BATAVIA, NY 14020

-.. ...
U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 22041

File: A040 166 697 - Batavia, NY

Date:

In re: AKIM JOSEPH TRIVUS CHARLES

lAN - l 7.0'7

MOTION
ON BEHALF OF RESPONDENT: Pro se
APPLICATION: Reopening; termination
The Board entered the final administrative decision on May 10, 2016, dismissing the
respondent's appeal of the Immigration Judge's decision ordering him removed to Grenada in
connection with his conviction for third degree criminal sale of a controlled substance in
violation ofN.Y. Penal Law 220.39(1). The pro se respondent seeks reopening, because a state
court vacated his conviction on constitutional grounds. See Padilla v. Kentucky, 559 U.S. 356
(201O); Matter ofPickering, 23 I&N Dec. 621 (BIA 2003); Matter of Chavez, 24 I&N Dec. 272
(BIA 2007). The Department of Homeland Security (DHS) has not responded to the motion.
See 8 C.F.R. 1003.2(g)(3). Under the circumstances, we will sua sponte reopen the
proceedings. See 8 C.F.R. I003.2(a); see also Matter ofJ-J-, 21 I&N Dec. 976 (BIA 1997).
The respondent's request for termination will be denied. Notably, the evidence supporting
the motion reflects that the respondent entered a new guilty plea to fourth degree criminal
possession of a controlled substance in violation of N.Y. Penal Law 220.09(1), based on the
same indictment. See Respondent's Motion, attachment at 3-4. The Immigration Judge should
evaluate the respondent's removability and potential eligibility for relief, given his vacated
conviction and recent guilty plea.
Accordingly, the following orders will be entered.
ORDER: The respondent's removal proceedings are reopened.
FURTHER ORDER: The request for termination is denied.
FURTHER ORDER: The record is remanded to the Immigration Judge for further
proceedings consistent with this order.

Cite as: Akim Joseph Trivus Charles, A040 166 697 (BIA Jan. 3, 2017)

Immigrant & Refugee Appellate Center, LLC | www.irac.net

IN REMOVAL PROCEEDINGS