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    Kirk Sean Marlon Young, A035 922 976 (BIA Jan. 25, 2017)

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    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte and granted respondent's motion to terminate proceedings due to a state court's decision to vacate the judgment of his convictions based on ineffective assistance of counsel. The decision was issued by Member Molly Kendall-Clark. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index

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    Kirk Sean Marlon Young, A035 922 976 (BIA Jan. 25, 2017)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    164 views2 pages
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte and granted respondent's motion to terminate proceedings due to a state court's decision to vacate the judgment of his convictions based on ineffective assistance of counsel. The decision was issued by Member Molly Kendall-Clark. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index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    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte and granted respondent's motion to terminate proceedings due to a state court's decision to vacate the judgment of his convictions based on ineffective assistance of counsel. The decision was issued by Member Molly Kendall-Clark. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index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
    164 views2 pages

    Kirk Sean Marlon Young, A035 922 976 (BIA Jan. 25, 2017)

    Uploaded by

    Immigrant & Refugee Appellate Center, LLC
    In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte and granted respondent's motion to terminate proceedings due to a state court's decision to vacate the judgment of his convictions based on ineffective assistance of counsel. The decision was issued by Member Molly Kendall-Clark. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index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 2

    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

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


    Conlon, Justin Thomas OHS/ICE Office of Chief Counsel - HAR
    Law Offices of Justin Conlon P. 0. Box 230217
    196 Trumbull Street Hartford, CT 06123-0217
    Suite 311
    Hartford, CT 06103

    Name: YOUNG, KIRK SEAN MARLON A 035-922-976

    Date of this notice: 1/25/2017

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

    Sincerely,

    bOYUtL {!WlA)
    Donna Carr
    Chief Clerk

    Enclosure
    Panel Members:
    Kendall-Clark, Molly

    Userteam: Docket

    For more unpublished BIA decisions, visit


    www.irac.net/unpublished/index/

    Cite as: Kirk Sean Marlon Young, A035 922 976 (BIA Jan. 25, 2017)
    U.S. Department of Justice Decision of the Board of Immigration Appeals
    Executive Office for Immigration Review

    Falls Church, -irginia 22041

    File: A035 922 976 - Hartford, CT Date:


    JAN 2 5 2017
    In re: KIRK SEAN MARLON YOUNG a.k.a. Marlon Kirk Young

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


    IN REMOVAL PROCEEDINGS

    MOTION

    ON BEHALF OF RESPONDENT: Justin Conlon, Esquire

    ORDER:

    The respondent was found subject to removal as an aggravated felon, based on


    November, 2010, Connecticut state convictions for Sale of Certain Illegal Drugs and Conspiracy
    to Commit Sale of Certain Illegal Drugs. We dismissed his appeal on March 17, 2015, and
    denied previous motions on July 8, 2015, and April 29, 2016. The respondent filed a motion to
    reopen on October 31, 2016, that was untimely filed, and exceeds numerical limitations. Section
    240(c)(7) of the Immigration and Nationality Act, 8 U.S.C. 1229a(c)(7); 8 C.F.R.
    1003.2(c)(2). The Department of Homeland Security (DHS) has not responded to the motion.
    We will reopen the proceedings under our sua sponte authority at 8 C.F.R. 1003.2(a).

    Evidence is presented that, on June 29, 2016, a state court judge granted the respondent's
    petition for habeas corpus relief, allowed withdrawal of the respondent's guilty pleas, and
    vacated the judgment of convictions. This decision was based on a finding that the respondent
    received ineffective assistance of counsel as set out in Padilla v. Kentucky, 559 U.S. 356 (2010).

    The Board finds that the evidence presented establishes that the underlying convictions
    which served as the basis for the respondent being found subject to removal have been vacated
    due to a defect in the criminal proceedings. If a court with jurisdiction vacates a conviction
    based on a defect in the underlying criminal proceedings, the respondent no longer has a
    "conviction" within the meaning of section 101(a)(48)(A) of the Act. See Matter ofAdamiak, 23
    I&N Dec. 878 (BIA 2006)(conviction vacated pursuant to Ohio law for failure of the trial court
    to advise the alien defendant of the possible immigration consequences of a guilty plea is no
    longer a valid conviction for immigration purposes). Considering the entirety of circumstances
    presented, the unopposed motion to terminate the removal proceedings against the respondent is
    granted, and these proceedings are terminated.

    Cite as: Kirk Sean Marlon Young, A035 922 976 (BIA Jan. 25, 2017)

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