Pervez Pasha, A042 436 375 (BIA Feb. 24, 2011)

7/27/2019 Pervez Pasha, A042 436 375 (BIA Feb. 24, 2011)

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Chea, SocheatSocheat Chea, P .C3500 Duluth Park Lane, Bldg 300Duluth, GA 30096-0000

Name:PASHAPERVEZ

armn Jus

Executive Oce r Immigraion Review

Bd Img AppOc h C

5107 leesburg Pk St 2000Fa Church, Vrgna 220 I

OHS/ICE ice of Chief Counse - ATL180 Spring Street, Suite 332Atanta GA 30303

A042-436-375

Date of ts notice 2/24/2011

Enclosed s a copy of he Boad's decson and order n he above-rerenced case.

Enclosue

Pane Members:Coe PariciaA.

Sncerely,

Donna CarrCief Clerk

Cite as: Pervez Pasha, A042 436 375 (BIA Feb. 24, 2011)

For more unpublished BIA decisions, visit www.irac.net/unpublished


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, \.-

U,S Depaent of JusticeExcuve0 r Imgation Revew

Decson of the Board of Imgaton Appeals

Fas Chuc, Virgia 2241

File: 042 36 375 - Alta, G

I re PERVZ PASH

N EMOA PROCEEDGS

PE

Dae

i.

ON BEH OF ESPONDENT Socheat Cea Esquire

ON BE OF DHS

CHRGE

Randall W. Dncanssistat Cief Cousel

FEB . 4 201.

Notic Sec 37(a)()()(iii), &N ct [8 USC 17(a)()()(iii)] Convicted of agavated ony

LCIN eination

Te Departmen of ome Secri ("DS) aeas o te iaion Juge's rl 800, decision tenang tese roceengs e sonden ooses te aeal, d h alsomoveto sleent te recor wit evience tat Georgia s pdoned e conicion wic

s e bsis of ese roceedings e DHS no resonde to te sueena inge record aes unequvocal, d erere we take admiisrative noice of te don G

C (roviig r a Stae Bard of dons o exercise execuive ower to on);see also Stinski v State, 69 SEd 854, 864 Ga 00) (recognizing Stae Board of Pardons wiedsconstiuionlly aned execuive ower over ardos); 8 CFR 003 1( )(3)(iv) (autoring eBoar o ake adinisatve noice of aroriate cs) As te resonden's convction as beenardoned,e is no nger deorae r immiation uoses Seesecion 37(a)()()(vi) of temiaon and Nainali c, 8 SC 7(a)()()(vi); MatterofD- 7 &N Dec 476 (B957) (a convicon ardoned by te Georgia Sae Bod of don i no render alendeorae under redecessor rovision) s te on requres termnaion of tese roceeings

in its o rig e DSs aeal is moo ccordingy, we ener te llowing orerOE e reedigs e eited and te e is dismissed m

FORTBOD

Cite as: Pervez Pasha, A042 436 375 (BIA Feb. 24, 2011)


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NITED STATES DEPART OF JUSTICEEXECUTIVE OFFICE FOR IIGTION REVIEW

ITED STATES IMMIGRATION COUTAtlanta, Georgia

File N.: A 042 436 375 April 8, 010

In the Matter of

PERVEZ PASHA IN REMOVAL PROCEEDINGS

Respondent

CGE: Section 237(a} (} {A}(iii}

APPLICATIONS: The respondent has filed a motion to termiateproceedings.

ON BEHF OF RESPONDENT:

Eli Echols3500 Duluth Park Ln, Bldg 300Duluth, Georgia 30096

ON BELF OF HS

Randall W. DuncanAssistant Chief CounselDept of Hmeland Security

ORAL DECISION OF THE IMMIGTION JUDGE

This case came before the Court as a result of a Notice to

Appear that was issued by the Department of Homeland Security

The charging dcument alleges that the respondent is a lawfu

permanent resident f the United States and that he was convcted

on Februar 27, 2006, for the ffense of theft and that he

received the setece of fve years confineme

The respondent has admitted the first four allegations f

the Notice to Appear, but cntests the allegation indicating that

he was sentenced to five ears in prison. The imprtance of this

A 042 436 375 1 April 2, 200


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II

sentence s tat t reates to te charge of removal n ths

ase he carge of removal s tat the respondent was convcted

of an aggravated felon n that e was convcted for a crme

relatng to a theft offense for wch a term of mprsonment of

at least one ear was mposed

e record n ths case contans the orgnal plea agreement

and sentence. at doument reflets that te respondent was n

fact sentenced to fve ears mprsonment on Count 3. e

Government corretl charged that te respondent as beng

removable based on ths document that s n the record.

he respondent has fled a moton to termnate proeedngs

beause there was a subsequent order of clarfcaton b the

state court judge hat order was ssued on arch 2 2010 e

state ourt judge order refleted that ts orgna sentence was

ncorrectl set fort n the doument e sentene was

apparentl meant to be a probated sentence from the date of

dsposton e state court carfed that t dd not ntend

that the respondent be narcerated as a result of the sentence

and judgment In fat, te respondent sad e never spent an

tme n jal In fat, t s now less than fve ears after te

respondent was convcted and e s present n Court and tere s

no evdene at all to suggest tat e ever served an tme n

prson

In essence, the orgna sentence was clarfed to refect

tat the respondent was not sentenced to one to fve ears n

A 042 436 37 2 Aprl 28, 2010


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(

prson but rather was sentenced to probaton The Court s

satsfed that the modfcaton of the sentence n ths case was

not for the purposes of Immgraton probems The Court has

revewed that moton fed n the state court proceedngs t

does not refect that the respondent sought to edate rate

the consequences of the orgna sentence on the grounds that he

woud be deported t appears that the respondent smp

notfed the Court that, n fact, the ntent of the sentence was

for probaton and not a term of mprsonment

The Court fnds that the respondent has not been sentenced

to at east one ear of mprsonment The Court fnds that the

charge of remova n ths case has not been sustaned

Aegaton number fve of the Notce to Appear has not been

sustaned

n ght of the foregong, the Court w ssue an order

termnatng these proceedngs

ORDER

IT S HEREBY ORDERED that the proceedngs aganst the

responden be termnated

'- ELi -Unted States Immgraton Judge

A 042 436 375 3 Apr 28, 2010


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CERIFICAE PAGE

I hereb certif that the attached proceeding before

DGE EARE B WILSON, in the matter of

ERVEZ AS

A 04 436 375

Atlanta, Georgia

i an accurate, verbatim trancript of the recording a provided b

the Executive Office for Immigration Review and that thi i the

original trancript thereof for the file of the Executive Office

for mmigration Review

-'lotti, ra scriber

Free State Reporting, Inc

May , 00(completion dae)

B ubmiion of thi CERIFICAE AGE, the Contractor certifiethat a Son BEC/-47, 4channel trancriber or eivalent, and/orCD, a decribed in Section C, paragraph C 3 3. of the contract,wa ued to trancribe the Record of Proceeding ho in the above

paragraph

Documents

Pervez Pasha, A042 436 375 (BIA Feb. 24, 2011)