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

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

Conlon, Justin Thomas OHS/ICE Office of Chief Counsel - HAR
Law Offices of Justin Conlon P. 0. Box 230217
196 Trumbull Street Hartford, CT 06123-0217
Suite 311
Hartford, CT 06103

Name: YOUNG, KIRK SEAN MARLON A 035-922-976

Date of this notice: 1/25/2017

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

Sincerely,

bOYUtL {!WlA)
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For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/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: Kirk Sean Marlon Young, A035 922 976 (BIA Jan. 25, 2017)
 U.S. Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church, -irginia 22041

File: A035 922 976 - Hartford, CT Date:

JAN 2 5 2017
In re: KIRK SEAN MARLON YOUNG a.k.a. Marlon Kirk Young

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

IN REMOVAL PROCEEDINGS

MOTION

ON BEHALF OF RESPONDENT: Justin Conlon, Esquire

ORDER:

The respondent was found subject to removal as an aggravated felon, based on

November, 2010, Connecticut state convictions for Sale of Certain Illegal Drugs and Conspiracy
to Commit Sale of Certain Illegal Drugs. We dismissed his appeal on March 17, 2015, and
denied previous motions on July 8, 2015, and April 29, 2016. The respondent filed a motion to
reopen on October 31, 2016, that was untimely filed, and exceeds numerical limitations. Section
240(c)(7) of the Immigration and Nationality Act, 8 U.S.C. 1229a(c)(7); 8 C.F.R.
1003.2(c)(2). The Department of Homeland Security (DHS) has not responded to the motion.
We will reopen the proceedings under our sua sponte authority at 8 C.F.R. 1003.2(a).

Evidence is presented that, on June 29, 2016, a state court judge granted the respondent's
petition for habeas corpus relief, allowed withdrawal of the respondent's guilty pleas, and
vacated the judgment of convictions. This decision was based on a finding that the respondent
received ineffective assistance of counsel as set out in Padilla v. Kentucky, 559 U.S. 356 (2010).

The Board finds that the evidence presented establishes that the underlying convictions
which served as the basis for the respondent being found subject to removal have been vacated
due to a defect in the criminal proceedings. If a court with jurisdiction vacates a conviction
based on a defect in the underlying criminal proceedings, the respondent no longer has a
"conviction" within the meaning of section 101(a)(48)(A) of the Act. See Matter ofAdamiak, 23
I&N Dec. 878 (BIA 2006)(conviction vacated pursuant to Ohio law for failure of the trial court
to advise the alien defendant of the possible immigration consequences of a guilty plea is no
longer a valid conviction for immigration purposes). Considering the entirety of circumstances
presented, the unopposed motion to terminate the removal proceedings against the respondent is
granted, and these proceedings are terminated.

Cite as: Kirk Sean Marlon Young, A035 922 976 (BIA Jan. 25, 2017)