U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

5 I 07 Leesburg Pike, Suite 2000 Falls Church, Virginia 22041

Kaplan, Brian I., Esq. Goldberg & Kaplan, LLP

OHS/ICE Office of Chief Counsel - NYD

11 Park Place, Ste. 903 New York, NY 10007

201 Varick, Rm. 1130 New York, NY 10014

Immigrant & Refugee Appellate Center | www.irac.net

Name: PANTZIALAS, KOSTAS

A 097-515-404

Date of this notice: 9/26/2013

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

D CaAAJ
Donna Carr Chief Clerk

Enclosure Panel Members: Holmes, David B.

Lulseges Userteam: Docket

For more unpublished BIA decisions, visit www.irac.net/unpublished

Cite as: Kostas Pantzialas, A097 515 404 (BIA Sept. 26, 2013)

U.S. Department of Justice

Falls Church, Virginia 22041

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

File:

A097 515 404

New York, NY

Date:

SE? 2 6 201J

In re: KOSTAS PANTZIALAS a.k.a. Gus Pantzialas

IN REMOVAL PROCEEDINGS

APPEAL AND MOTION ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Brian I. Kaplan, Esquire

Immigrant & Refugee Appellate Center | www.irac.net

Leslie S. Evans Assistant Chief Counsel

ORDER:

This matter is presently before us pursuant to a "Stipulation and Order of Settlement and
Dismissal" that was issued by the United States Court of Appeals for the Second Circuit on 1 February 23, 2010. The Department of Homeland Security (DHS) has filed a motion to remand this matter to the Immigration CoUrt, on the basis that further fact-finding may be required to comply with the Second Circuit's remand order. The respondent has not responded to the

motion. The motion is granted, and the record is remanded to the Immigration Court for further proceedings consistent with this order and the Second Circuit's order, and for the entry of a new decision.

,,

FOR THE BOARD

The Court's order was not brought to the Board's attention until March 2013.

Cite as: Kostas Pantzialas, A097 515 404 (BIA Sept. 26, 2013)