U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

5107 Leesburg Pike, Suite 2000 Falls Church, Virginia 20530

Wang, Chunyu Jean, Esq. Wang Law Office, PLLC 36-25 Main Street , 3rd Fl Flu shing, NY 11354

OHS/ICE Office of Chief Counsel - NYD 201 Varick, Rm. 1130 New York, NY 10014

Immigrant & Refugee Appellate Center | www.irac.net

Name: WONG, KWOK SUM

A 036-850-251

Date of this notice: 11/12/2013

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

DonnL ct1/lA)
Donna Carr Chief Clerk

Enclosure Panel Members: Liebowitz, Ellen C

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For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Kwok Sum Wong, A036 850 251 (BIA Nov. 12, 2013)

U.S. Department of Justice

Executive Office for Immigration Review Falls Church, Virginia 20530

Decision of the Board of Immigration Appeals

File:

A036 850 251 - New York, NY

Date:

NOV 12 2013

In re: KWOK SUM WONG IN REMOVAL PROCEEDINGS APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Chunyu Jean Wang, Esquire

Immigrant & Refugee Appellate Center | www.irac.net

Timothy Maguire Senior Attorney

CHARGE: Notice: Sec. 237(a)(2)(A)(ii), I&N Act [8 U.S.C. 1227(a)(2)(A)(ii)] Convicted of two or more crimes involving moral turpitude

APPLICATION: Termination; adjustment of status; waiver of inadmissibility

This matter was last before the Board on May 15, 2012, when we dismissed the respondent's appeal from the Immigration Judge's February 10, 2012, decision finding him removable under section 237(a)(2)(A)(ii) of the Immigration and Nationality Act, 8 U.S.C. 1227(a)(2)(A)(ii), and denying his applications for relief from removal. This matter is presently before us pursuant to a March 21, 2013, order of the United States Court of Appeals for the Second Circuit, which approved a stipulation to withdraw the respondent's petition for review and remand the record to the Board for further proceedings. The record will be remanded to the Immigration Judge.
In seeking a remand from the Second Circuit, the parties requested that the Board revisit the

respondent's arguments regarding his removability, "clarify whether a conviction under N.Y.P.L. 170.10 is categorically for a crime involving moral turpitude, and [] conduct, if necessary, a modified categorical analysis" (Stipulation Order at 2). Due to evolving legal standards, and as resolution of this issue may require fact-finding and the consideration of additional evidence, we will remand the record to the Immigration Judge to further address whether the respondent's conviction under N.Y.P .L. 170.10 constitutes a crime involving moral turpitude.

See

8 C.F.R.

1003.l(d)(3)(iv); Matter of S-H-, 23 I&N Dec. 462, 464-65 (BIA 2002) (stating that the Board has limited fact-finding authority in the first instance). In addition, on remand, the Immigration Judge may determine whether the Department of Homeland Security has established that the respondent is removable as charged, notwithstanding his conviction under N.Y.P.L. 170.10. Furthermore, both parties should be afforded the opportunity on remand to update the record to the extent appropriate.

Cite as: Kwok Sum Wong, A036 850 251 (BIA Nov. 12, 2013)

..l
A036 850 251

Accordingly, the following order will be entered. ORDER: The record is remanded to the Immigration Judge for further proceedings

consistent with the foregoing opinion and for the entry of a n ew decision.

Immigrant & Refugee Appellate Center | www.irac.net

FOR THE BOARD

Cite as: Kwok Sum Wong, A036 850 251 (BIA Nov. 12, 2013)