Felipe Granados Solano, A075 540 798 (BIA Nov. 27, 2015)
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Immigrant & Refugee Appellate Center, LLCFelipe Granados Solano, A075 540 798 (BIA Nov. 27, 2015)
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Immigrant & Refugee Appellate Center, LLCU.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/
OHS/ICE Office of Chief Counsel - SFR
P .0. Box 26449
San Francisco, CA 94126-6449
Name: GRANADOS SOLANO, FELIPE
A 075-540-798
Date of this notice: 11/27/2015
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Sincerely,
Don.rtL Ct1/Vu
Donna Carr
Chief Clerk
Enclosure
Panel Members:
Grant, Edward R.
Userteam: Docket
For more unpublished BIA decisions, visit
www.irac.net/unpublished/index/
Cite as: Felipe Granados Solano, A075 540 798 (BIA Nov. 27, 2015)
Immigrant & Refugee Appellate Center, LLC | www.irac.net
Framm-Anton, Hedi, Esq.
Attorney at Law
1300 So. Van Ness Ave ., Ste 201
San Francisco, CA 94110-4084
U.S. Department of Justice
Executive Office for Immigration Review
Decision of the Board of Immigration Appeals
Falls Church, Virginia 22041
File: A075 540 798 - San Francisco, CA
Date:
NOV 2 7 2015
In re: FELIPE GRANADOS SOLANO
APPEAL
ON BEHALF OF RESPONDENT: Hedi Framm-Anton, Esquire
APPLICATION: Continuance; adjustment of status
The respondent, a native and citizen of Mexico, appeals from the August 27, 2014, decision
of the Immigration Judge denying a continuance. The record will be remanded.
At a master calendar hearing in June 2011, the respondent informed the Immigration Judge
that he was the beneficiary of an approved visa petition filed on his behalf by his United States
citizen wife and was eligible to adjust status under section 245(i) of the Immigration and
Nationality Act, 8 U.S.C. 1255 (Tr. at 23-24). At a subsequent master calendar hearing in
February 2014, the respondent advised the court that he had retained a criminal attorney in order
to attempt to vacate his conviction for a violation of California Health and Safety Code 11550
(Tr. at 35). At the merits hearing before the Immigration Judge in August 2014, the respondent
requested a continuance to pursue vacation of his criminal conviction (Tr. at 48).
In the August 2014 decision, the Immigration Judge acknowledged that the respondent's
drug conviction had been expunged under 1203.4 of the California Penal Code on March 25,
2010 (Tr. at 43). However, the Immigration Judge denied a continuance based on the decision of
the United States Court of Appeals for the Ninth Circuit in Nunez-Reyes v. Holder, 646 F.3d 684
(9th Cir. 2011) (en bane), citing to that part of the decision holding that expungement of a state
drug conviction under 11550 does not require the same treatment, for immigration purposes, as
a federal drug conviction that has been expunged under the Federal First Offender Act (I.J. at 2;
Tr. at 43). However, the Ninth Circuit held that the new rule should not be applied retroactively.
Nunez-Reyes, 646 F.3d at 694. The respondent's conviction under the California Penal Code
was expunged prior to the decision in Nunez-Reyes. Accordingly, we find that a remand to the
Immigration Judge is warranted for a new decision.
ORDER: The record is remanded to the Immigration Judge for further proceedings and the
issuance of a new decision.
Cite as: Felipe Granados Solano, A075 540 798 (BIA Nov. 27, 2015)
Immigrant & Refugee Appellate Center, LLC | www.irac.net
IN REMOVAL PROCEEDINGS
Immigrant & Refugee Appellate Center, LLC | www.irac.net
UNITED STATES DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
UNITED STATES IMMIGRATION COURT
SAN FRANCISCO, CALIFORNIA
August 27, 2014
File: A075-540-798
In the Matter of
FELIPE GRANADOS SOLANO
IN REMOVAL PROCEEDINGS
RESPONDENT
CHARGE:
212(a)(6)(A)(l4) of the Immigration and Nationality Act.
APPLICATIONS:
ON BEHALF OF RESPONDENT: HEDI FRAMM-ANTON
ON BEHALF OF OHS: BRIDGET L. PARK
ORAL DECISION OF THE IMMIGRATION JUDGE
Removability as charged was previously conceded in this matter. Respondent
ha.Ei declined to request voluntary departure. even after the Court-t:.aa indicated that
since there was apparently no pending motion in Santa Clara County to vacate his 1998
Cal1forn1a Health and Safety 11550 conviction for being under the influence of a
controlled substance, t-hat--it was not going to grant any further continuances.,. and that
he did not appear to be eligible for cancellation of removal or adjustment of status
because of that drug conviction.
q:;g; . ;
(. 4
Section 1203.4 of the California Penal Code on March25, 2010.,::- -A-Ra-as the Ninth
Circuit explained in Nunez-Reyes. 646 F .3d 684, 695 (911 ' Cir. 2011) (en bane). ffi-t.l::le..eA
1
bane opiniofHn 2011. Federal First Offender Act and similar expungements do not
remove an 11550 conviction from an individual's record for iimmigration purposes.
ARfi.-as the Court was explaining to respondent.... that he was being ordered
removed... since his counsel had indicated she did not believe he was eligible for any
other relief and respondent had declined to request voluntary departure, respondent
began to explain that he felt the situation in Mexico was dangerous, and that he had a
friend who had returned to Acapulco and within a week had been killed there, and so we
went off the record so that respondent could further discuss with his counsel withholding
of removal.
The Court ha4-also briefly explained f:}fOQ.filSecution-based and torture-:.based
relief and respondent's right to file such an application and receive a hearing about it.
+However. the respondent_-nonetheless declined to pursue this potential avenue
of relief.
ORDERW
IT IS THE ORDER of the Court that respondent be removed from the United
States to Mexico based upon the charge contained in the Notice to Appear.
The only application for relief that has been filed is an application for adjustment
of
Status, and t-he-GiHJft-w1ll be notH9-tRat-this application IS DENIED at this time due to
the Health and Safety Code 1 1550 conviction. which renders respondent inadmissible,
and for which no waiver of inadmissibility 1s available.
A075-540-798
August27,2014
. Formatted: Superscript_
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Although It was learned that the drug conviction had been expunged under
signature
A075-540-798
JOREN LYONS
Immigration Judge
August27,2014
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Please see the next page for electronic
1-
0 ..
.,'
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//s//
Immigration Judge JOREN LYONS
lyonsj on November 25, 2014 at 3:52 PM GMT
A075-540-798
August27,2014
