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    Jermaine Horatio Dussard, A037 332 033 (BIA July 16, 2015)

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    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) vacated its prior decision denying the respondent's motion to reopen because the respondent had placed a supplemental filing into the detention center’s mailing system before the Board issued the decision. The Board reaffirmed its prior decision, however, because the respondent was not eligible for the relief he was seeking. The decision was issued by Member Neil Miller. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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    Jermaine Horatio Dussard, A037 332 033 (BIA July 16, 2015)

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    Immigrant & Refugee Appellate Center, LLC
    226 views3 pages
    In this unpublished decision, the Board of Immigration Appeals (BIA) vacated its prior decision denying the respondent's motion to reopen because the respondent had placed a supplemental filing into the detention center’s mailing system before the Board issued the decision. The Board reaffirmed its prior decision, however, because the respondent was not eligible for the relief he was seeking. The decision was issued by Member Neil Miller. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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    In this unpublished decision, the Board of Immigration Appeals (BIA) vacated its prior decision denying the respondent's motion to reopen because the respondent had placed a supplemental filing into the detention center’s mailing system before the Board issued the decision. The Board reaffirmed its prior decision, however, because the respondent was not eligible for the relief he was seeking. The decision was issued by Member Neil Miller. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    226 views3 pages

    Jermaine Horatio Dussard, A037 332 033 (BIA July 16, 2015)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) vacated its prior decision denying the respondent's motion to reopen because the respondent had placed a supplemental filing into the detention center’s mailing system before the Board issued the decision. The Board reaffirmed its prior decision, however, because the respondent was not eligible for the relief he was seeking. The decision was issued by Member Neil Miller. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    of 3

    U.S.

    Department of Justice

    Executive Office for Immigration Review


    Board ofImmigration Appeals
    Office of the Clerk
    5107 leesburg Pike, Suite 2000
    Falls Church, Virginia 20530

    DHS/ICE Office of Chief Counsel - NYD


    201 Varick, Rm. 1130
    New York, NY 10014

    Name: DUSSARD, JERMAINE HORATIO

    A 037-332-033
    Date of this notice: 7/16/2015

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

    DOrtftL

    a/lAJ

    Donna Carr
    Chief Clerk
    Enclosure
    Panel Members:
    Miller, Neil P.

    Userteam: Docket

    For more unpublished BIA decisions, visit


    www.irac.net/unpublished/index/
    Cite as: Jermaine Horatio Dussard, A037 332 033 (BIA July 16, 2015)

    Immigrant & Refugee Appellate Center, LLC | www.irac.net

    DUSSARD, JERMAINE HORATIO


    A037-332-033
    ETOWAH COUNTY DETENTION CENTER
    827 FORREST AVE
    GADSDEN, AL 35901

    U.S. Department of Justice


    Executive Office for Immigration Review

    Decision of the Board of Imniigration Appeals

    Fal1s Church, Virginia 20530

    File: A037 332 033 -New York, NY

    Date:.

    JUL 16 2015

    IN REMOVAL PROCEEDINGS
    MOTION
    ON BEHALF OF RESPONDENT: Pro se
    ON BEHALF OF DHS:

    Sarah B. Campbell
    Assistant Chief Counsel

    APPLICATION: Reopening; reconsideration


    The Board's June 15, 2015, decision in this matter will be vacated and the proceedings
    reinstated. After issuing our prior decision we received the respondent's "Response and Rebuttal"
    to the Department of Homeland Security's "Opposition to the Respondent's Motion to Reopen."
    Because the respondent submitted the supplemental filing into the detention center's mailing
    system before we issued our decision, we will sua sponte reopen the proceedings to consider the
    respondent's additional arguments and evidence, as well as the respondent's April 29, 2015,
    motion to reopen. See 8 C.F.R. 1003.2(a).
    The Board entered the final administrative decision on June 5, 2014, when we dismissed the
    respondent's appeal of the Immigration Judge's decision ordering the respondent removed to
    Jamaica in connection with his extensive criminal record. Nearly a year later, the respondent
    seeks reopening to pursue a waiver of inadmissibility under former section 212(c) of the
    Immigration and Nationality Act, 8 U.S.C. 1182(c), and to apply for cancellation of removal
    pursuant to section 240A(a) of the Act, 8 U.S.C. 1229b(a). Because the respondent avers that
    the Board erred, we will also treat the motion as seeking reconsideration. 8 C.F.R. 1003.2(b).
    The Department of Homeland Security opposes the motion, which will be denied as untimely as
    the respondent has not demonstrated that an exception to the time limitations on motions to
    reopen and for reconsideration applies. 8 C.F.R. 1003.2(b)(2) and (c)(2).
    Even if the motion were timely, it would be denied, as a motion to reopen is not a mechanism
    to raise claims that could have been presented below. See INSv. Wang, 450 U.S. 139, 141
    (1981); Matter ofCerna, 20 l&N Dec. 399, 402 (BIA 1991). Nor has the respondent complied
    with the regulatory requirement of submitting new or previously unavailable evidence that is
    material to the respondent's claims. See Matter ofO-S-G-, 24 I&N Dec. 56, 57-58 (BIA 2006);
    8 C.F.R. 1003.2(c).
    While the respondent also avers that counsel did not advise him to seek section 212(c) relief,
    he has not meaningfully raised ineffective assistance of counsel, where he has not shown
    compliance with Matter ofLozada, 19 I&N Dec. 637, 639 (BIA 1988). Further, the respondent
    Cite as: Jermaine Horatio Dussard, A037 332 033 (BIA July 16, 2015)

    Immigrant & Refugee Appellate Center, LLC | www.irac.net

    In re: JERMAINE HORATIO DUSSARD a.k.a. Kevin Dussard a.k.a. Kevin Adams
    a.k.a. Jermaine Henry a.k.a. Jermaine K. Dussard a.k.a. Kevin Adam
    a.k.a. David Kevin Younger a.k.a. Kevin Younger a.k.a. Michael Jamel Gaston

    A037 332 033


    has not shown prima facie eligibility for section 212(c) relief or cancellation of removal, given
    his multiple convictions, including an aggravated felony. Section 240A(a)(3) of the Act.

    Nor has the respondent established exceptional circumstances warranting sua sponte
    reconsideration or reopening.
    Matter ofG-D-, 22 I&N Dec. 1132, 1133-34 (BIA 1999).
    Accordingly, the motion will be denied.
    ORDER: The Board's June 15, 2015, order is vacated.
    FURTHER ORDER: The motion is denied.

    2
    Cite as: Jermaine Horatio Dussard, A037 332 033 (BIA July 16, 2015)

    Immigrant & Refugee Appellate Center, LLC | www.irac.net

    To the extent that the respondent is seeks bond, the motion is not properly before the Board.
    Proceedings relating to custody and bond are separate and distinct from removal proceedings.
    See 8 C.F.R. 1003.19(d); Matter ofP-C-M-, 20 I&N Dec. 432, 433-34 (BIA 1991).

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