Ullman, Rachel S., Esq.

Yang & Ullman, P.C.

11510 Georgia Avenue, Suite 150
Silver Spring, MD 20902
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
DHS/ICE Office of Chief Counsel BAL
31 Hopkins Plaza, Room 1600
Baltimore, MD 21201
Name: RAMESH, RAMKELAWAN ROBIN A 099-275-577
Date of this notice: 12/11/2012
Enclosed is a copy of the Board's decision and order in the above-referenced case.
Enclosure
Panel Members:
Charles K.
Sincerely,
DCinltLCQ/v\J
Donna Carr
Chief Clerk
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Userteam: Docket
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Cite as: Ramkelawan Robin Ramesh, A099 275 577 (BIA Dec. 11, 2012)
U.S. Department of Justice
Executive Office for Imrlrigration Review
Decision of the Board of Immigration Appeals
Falls Church, Virginia 22041
File: A099 275 577 - Baltimore, MD Date:
In re: RAMKELA WAN ROBIN RAMESH
DEC 11 2012
IN REMOVAL PROCEEDINGS
APPEAL AND MOTION
ON BEHALF OF RESPONDENT: Rachel Ullman, Esquire
APPLICATION: Remand
On April 28, 2011, an Immigration Judge ordered the respondent removed to Trinidad and
Tobago after determining that he was statutorily ineligible for adjustment of status under section
245(a) of the Immigration and Nationality Act, 8 U.S.C. 1255(a), due to his two convictions for
possession of marijuana. The respondent filed a timely appeal of the Immigration Judge's decision.
On October 2, 2012, the respondent filed a motion to remand. Attached to his motion, he submitted
evidence that on January 24, 2012, a state court vacated his 2007 conviction pursuant to
Padillav. Kentucky, 130S. Ct.1473 (2010). Therespondentassertsthatashisremainingconviction
can be waived under section 212(h) of the Act, he is now eligible for adjustment of status. The
Department ofHomeland Security (DHS) has not filed a brief in opposition.
Based on the evidence of the vacatur of the respondent's conviction, and in light ofthe DHS'
non-opposition to his motion, we find that a remand for further consideration as to the respondent's
eligibility for relief from removal is appropriate. Accordingly, the following order shall be issued.
ORDER: The record is remanded to the Immigration Court for further proceedings consistent
with the foregoing opinion and for the entry of a new decision.
FOR THE BOARD
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Cite as: Ramkelawan Robin Ramesh, A099 275 577 (BIA Dec. 11, 2012)
(

U.S. DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
Baltimore, Maryland
File A 99 275 577
In the Matter of
RAMESH ROBIN RAMKELAWAN
Respondent
CHARGE:
APPLICATION:
APPEARANCES:
ON BEHALF OF RESPONDENT:
Morris Sochaczewski, Esquire
Date: April 28, 2011
IN REMOVAL PROCEEDINGS
ON BEHALF OF THE DEPARTMENT
OF HOMELAND SECURITY:
Johnny Fischler, Esquire
ORAL DECISION OF THE IMMIGRATION JUDGE
The Court did find that removability was established by
clear and convincing evidence. The Respondent admitted all
allegations and charges in the Notice to Appear.
The Respondent has requested adjustment of status under
INA Section 245. However, it emerged at an Individual hearing
that was scheduled in the case that the Respondent currently has
two convictions for possession of marijuana and thus he is not
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( .I
currently e l ~ g i b l e for adjustment of status. The Respondent did
request a continuance so that the State Court of Cobb County in
Georgia could review his "Extraordinary Motion to Set Aside Plea
and Vacate Sentence." Although that is scheduled to be heard on
Friday, May 13, 2011, the Court has decided to deny the request
for a continuance, in part because this case has been pending for
so long.
The Court will therefore deny the application for
adjustment of status today. However, if the Respondent does get
relief in the state court in Georgia that then suggests that he
would be eligible for relief in Immigration Court, the Court would
be happy to see the appropriate motion filed in the case. The
Court also would certainly be happy to look at the case again on
remand from the Board if there are further developments after an
appeal must be filed. For today, I am going to deny the
application for adjustment of status.
The Respondent did request voluntary departure in the
alternative. However, the Respondent's passport has expired.
Accordingly, he does not currently meet the requirements for post-
hearing voluntary departure. Accordingly, the Respondent's
application for post-hearing voluntary departure is denied and the
Respondent is ordered removed to Trinidad and Tobago.
A 99 275 577 2 April 28, 2011
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Again, however, as the Court noted, if there are further
developments in the case the Court would be happy to review the
case again either on the appropriate motion to the court or on
remand from the Board.
A 99 275 577
~ a fLup_
Udg EliZabeth A. Kessler
w/o lJ review Fe)m
Elizabeth A. Kessler
Immigration Judge
3 April 28, 2011
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CERTIFICATE PAGE
I hereby certify that the attached proceeding before
ELIZABETH A. KESSLER, in the matter of:
RAMESH ROBIN RAMKELAWAN
A 99 275 577
Baltimore, Maryland
was held as herein appears, and that this is the original
transcript thereof for the file of the Executive Office for
Immigration Review.
emc/bjn
Elizabeth M. Conrad, Transcriber
YORK STENOGRAPHIC SERVICES, INC.
34 North George Street
York, Pennsylvania 17401-1266
(717) 854-0077
July 27, 2011
Completion Date
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