Corrales, Humbero J., Esq.

8550 W. Flagler Street, Suite 108

Miami, FL 33144
Name: REYES, MARIA JOSE
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 leeburg Pike, Suite 2000
Fals Clurch, Vrginia 20530
OHS/ICE Ofice of Chief Counsel - KRO
18201 SW 12th St.
Miami, FL 33194
A 076-916-481
Date of this notice: 7/8/2014
Enclosed is a copy of the Board's decision ad order in the above-refrenced case.
Enclosure
Panel Members:
Mullane, Hugh G.
Sincerely,
DC c t
Donna Ca
Chief Clerk
Trane
Userteam: Docket
For more unpublished BIA decisions, visit www.irac.net/unpublished
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Cite as: Maria Jose Reyes, A076 916 481 (BIA July 8, 2014)
REYES, MARIA JOSE
A076-916-81
GLADES COUNTY
P.O. BOX39
MOOREHAVEN, FL 33471
Name: REYES, MARIA JOSE
U.S. Department of Justice
Executive Ofce fr Immigration Review
Board of Immigration Appeals
Ofce of the Clerk
5107 Leeburg Pike, Suite 2000
Fall Church, Vrginia 20530
OHS/ICE Ofice of Chief Counsel - KRO
18201 SW 12th St.
Miami, FL 33194
A 076-916-481
Date of this notice: 7/8/2014
Enclosed is a copy of the Board's decision in the above-refrenced case. This copy is being
provided to you a a couresy. Your attorey or representative has been served with this
decision pursuant to 8 C.F.R. 1292.S(a). If the attached decision orders that you be
removed fom the United States or afrs an Immigration Judge's decision ordering that you
be removed, any petition fr review of the attached decision must be fled with and received
by the appropriate court of appeals within 30 days of the date of the decision.
Enclosure
Panel Members:
Mullane, Hugh G.
Sincerely,
Do c t
Donna Carr
Chief Clerk
Trane
Useream: Docket
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Cite as: Maria Jose Reyes, A076 916 481 (BIA July 8, 2014)
U.S. Department of Justce
Executive Ofce fr Immigation Review
Decision of the Board of Immigration Appeals
Falls Chuch, Virginia 20530
File: A076 916 481 -Moorehaven, FL Date:
jUL - 8 2014
In re: MA JOSE REYES a.k.a. Maria Cristina Aguila a.k.a. Maria Del Caren Araico
a.k.a. Maria Gabriela Caldera a.k.a. Maria Chortes a.k.a. Maria Penedes
a.k.a. Maia Reyes a.k.a. Maria J. Reyes a.k.a. Maria Angilica Ruiz
a.k.a. Marha Gutierrez a.k.a. Maia Jose Reyes-Oliva a.k.a. Maria Josepha Reyes
I RMOVAL PROCEEDINGS
. . .
MOTION
ON BEHALF OF RESPONDENT: Hwberto Jose Corales, Esquire
This case was lat befre us on Jauay 30, 2014, at which time we dismissed the
respondent's appeal fom the Immigration Judge's August 23, 2013, decision to deny her
requests fr relief fom removal. Te respondent has now fled a timely motion to reconsider
this decision on Februay 28, 2014. The Depaent of Homeland Securit ha not responded to
the motion, which will be granted.
Te respondent argues that the Boad erred in agreeing with the Immigration Judge's
assessment that her burglay conviction was, categorically, a crime involving moral tpitde. In
our prior decision, we fund the. respondent's ase contolled by Matter of Louissaint, 24 I&N
Dec. 754, 759 (BIA 2009), wherein we held that "moral turpitude is inherent in the act of
burglary of an occupied dwelling itself" However, the respondent rightly argues tat because
cerain subsections of section 810.02(2)(a) of the Florida Statutes do not require that the stucture
in question be occupied, Mater of Louissaint, supra, is not .necessaily controlling.
We agree, ad fnd fer analysis required to determine wheter the respondent's burglary
conviction constitutes a crime involving moral tupitude. Moreover, it appeas that the Board's
ad the Immigration Judge's prior aalysis collapsed a categorical and a modifed categorical
approach to assessing the respondent's crime, inasmuch as the aalysis relied on te respondent's
chaging documents rather ta the statute itself. Te United States Supreme Cour, in
Descamps v. United States, 570 U.S. - , 133 S.Ct. 2276 (2013), has recently held tat the
modifed categorical approach is only waanted when a statute is divisible, rather tha
overbroad. Under Descamps, the modifed categorical approach applies only if: ( 1) the statute
of conviction is "divisible" in the sense that it lists multple discrete ofenses as enumerated
alteratives or defnes a single ofense by refrence to disjunctive sets of elements, more ta
one combination of which could support a conviction, and (2) some (but not all) of those listed
ofenses or combinations of disjunctive elements are a categorical match to the relevat generic
stadard. Id at 2281, 2283.
The statute in question, section 810.02(2)(a) of te Florida Statutes, appeas divisible, but
fer analysis is necessay regading wheter section 810.02(2)(a) of the Fla. Statutes is a
crime involving moral turpitude under the modifed categorical approach. Further fact fnding is
necessay to resolve issues regading both te respondent's intent ad te level of ha involved
in the crime in question, and we will remand the record fr frher proceedings regarding
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Cite as: Maria Jose Reyes, A076 916 481 (BIA July 8, 2014)
' ,
A076 916 481
whether the respondent has commited a crime involving moral turpitude, and wheter she is
eligible fr relief fom removal. See id; see also Donawa v. US Atorney General, 735 F.3d
1275 (11th Cir. 2013), As such, the fllowing order will be entered.
ORER: Te motion is granted, and the record is remanded to the Immigration Court fr
fher proceedings consistent with the fregoing decision.
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Cite as: Maria Jose Reyes, A076 916 481 (BIA July 8, 2014)