U.S.

Department of Justice
Executive Office for Immigration Review
Board ofImmigration Appeals
Office of the Clerk
5107 leesburg Pike, Suite 2000
Falls Church, Virginia 2204/

DHS/ICE
606 S. Olive Street, 8th Floor
LOS ANGELES, CA 90014

Name: GARCIA MACEDO, URIEL

A 092-058-021
Date of this notice: 12/1/2016

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

bonrtL CtVvtJ
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Kendall-Clark, Molly

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Uriel Garcia Macedo, A092 058 021 (BIA Dec. 1, 2016)

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

ALI, ZULU
LAW OFFICE OF ZULU ALI
2900 Adams Street, Ste. C 13
Riverside, CA 92504

"
Q.S. Department of Justice

Decision ofthe Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 22041

Date:

File: A092 058 021 - Los Angeles, CA

DEC - 1 2016

In re: URIEL GARCIAMACEDO a.k.a. Uriel Mac Garcia

MOTION
ON BEHALF OF RESPONDENT: Zulu Ali, Esquire
APPLICATION:

Reopening; termination

This matter was before the Board on February 14, 2012, when we dismissed the
respondent's appeal from the Immigration Judge's decision ordering him removed from the
United States. The respondent filed the present motion to reopen and terminate proceedings on
July 20, 2016. The Department of Homeland Security has not responded to the motion.
The respondent submits evidence that the Superior Court of the State of California,
County of Los Angeles, has granted his motion to vacate his 2010 convictions for possession of a
controlled substance in violation of California law. A conviction that has been vacated by the
criminal court based upon a procedural or substantive defect in the underlying proceedings is no
longer a conviction for immigration purposes. See Matter of Pickering, 23 l&N Dec. 621 (BIA
2003). The same is not true, however, if a conviction is vacated for rehabilitative reasons.
On the record before the Board, it appears that the criminal court made a finding that the
respondent's guilty pleas had a factual basis and that he was advised of the immigration
consequences of his guilty pleas. As we are unable determine the reasons that the respondent
was granted post-conviction relief, we will reopen these proceedings on our own motion
pursuant to 8 C.F.R. 1003.2(a) and remand the record to the Immigration Judge for further
consideration of the respondent's removability. We express no opinion as to the outcome of the
case, and the parties on remand should have the opportunity to offer additional evidence and
argument. The following orders will be entered.
ORDER: The motion to terminate proceedings is denied.
FURTHER ORDER: The motion to reopen is granted and the record is remanded to the
Immigration Judge for further proceedings consistent with this decision.

BOARD

C4

Cite as: Uriel Garcia Macedo, A092 058 021 (BIA Dec. 1, 2016)

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

IN REMOVAL PROCEEDINGS