TONCHE MEDINA, OLIGARIO A091-767-234 STEWART DETENTION CENTER 146 CCA ROAD LUMPKIN, GA 31815

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 20530

OHS/ICE Office of Chief Counsel ·SOC 146 CCA Road Lumpkin, GA 31815

Name: TONCHE MEDINA, OLIGARIO A 091-767-234

Date of this notice: 5/27/2014

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

Enclosure

Panel Members: Adkins-Blanch, Charles K.

Sincerely,

DonnL c tVvV

Donna Carr Chief Clerk

lucasd Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

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Cite as: Oligario Tonche Medina, A091 767 234 (BIA May 27, 2014)

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

Falls Church, Virginia 20530

File: A091 767 234 - Lumpkin, GA

In re: OLIGARIO TONCHE MEDINA

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Pro se

Decision of the Board of Immigration Appeals

Date:

MAY 2 7 2014

The respondent, a native and citizen of Mexico who is a returning lawful permanent resident, appeals the decision of the Immigration Judge, dated February 4, 2014, ordering his removal from the United States. The record will be remanded.

The Immigration Judge did not prepare a separate oral or written decision in this matter setting out the reasons for her decision. See Matter of A-P-, 22 l&N Dec. 468 (BIA 1999). Importantly, the Immigration Judge has not meaningfully set forth the basis for her holding that the respondent is inadmissible as a result of his 1993 conviction for a criminal offense. · See Vartelas v. Holder, 132 S.Ct. 1479 (2012) (holding that applying the Illegal Immigration Reform and Immigrant Responsibility Act ("HR.IRA") to a pre-HR.IRA conviction, thereby depriving the alien of his previously-held right to return to the United States after brief trips abroad, was impermissibly retroactive). Even though the respondent was apparently convicted of a subsequent criminal offense in 2012, the Department of Homeland Security ("OHS") has not alleged that said conviction independently subjects him to removal from the United States. See 8 C.F.R. § 1240.lO(e) (providing that the DHS may file additional or substituted factual allegations in writing).

For the reasons set forth above, the record will be returned to the Immigration Judge for the preparation of a new decision and, if she deems appropriate, additional hearings to resolve the issues presented in this case. The following order is entered.

ORDER: The record is returned to the Immigration Judge for the entry of a new decision and further action as she deems appropriate.

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Cite as: Oligario Tonche Medina, A091 767 234 (BIA May 27, 2014)

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IMMIGRATION COURT 146 CCA ROAD

'LUMPKIN, .GA 31815 In the Matter' of

case No.: A091-767-234 TONCHE MEDINA, OLIGARIO

Respondent

ORDER OF THE IMMIGRATION JUDGE ·

{ This is a Summary of the oral decision .entered ,,;, ..2 }vO / · · This memorandum is solely for the convenience of the p rties. If the proceedings should be appealed.or ened, the ora will become

·r;he . fficial opinion in the

.

case. · The respondent was ordered

or in the. alternative to ] Respondent's application o

respondent was ordered rema alternative to .

Respondent's application for voluntary departure was granted until upon posting a bond in the amount of $

with an al te.rna te order. of removal to . Res�ondent•s application for: [ ] Asylum was { ) granted ,) denied { ) withdrawn. [ ] Withholding of removal was { ) granted {'. ) denied ) withdrawn. [ ] A Waiver under Section ___ was ( ) grante<;i: ( ) denied ( ) withdrawn. I ] Cancellation of removal under section 240A(a) was ( }granted ( )denied

· ( ) withdrawn. Respondent's application for: [ ] Cancellation under section 240A {b) {l) was ( ) granted ) denied

[

{ ) withdrawn. If granted, it is·

ordered that _the respondent be issued all appropriate documents necessary to give effect. to

·this order .

.J Cancellation under section 240A(b) (2) was { )granted ( )denied ( }withdrawn. If granted it is ordered that the respondent be issued all appropriated documents necessary to give effect to this order'. Adjustment of Status under Section was { )granted ( )denied { )withdrawn. If granted.it is ordered that the respondent· be issued

all appropriated documents necessary to.give effect to this order. Respondent's application of ( ) withholding of removal { ) deferral of

.removal under Article III of 'the Convention Against Torture was · ( ) g-ranted { ) deni_ed { I withdrawn. · Respondent's status was rescinded under section 246. Respondent is admitted to the United States as a --- until As a condition of· admission, respondent. is to post a $ ____ bond. Respondent knowingly filed a frivolous asylum application after proper notice .. Respondent w.as advi.sed of the limitation on dis failure t'o appear as ordered in the Immigratio Proceedings . were terminated. Other.:. Date: �-�����--��tl-rot��-r::t\;L

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Appea Appeal Due By: 3Jb/;;7 n £.

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