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. Virgimt1 20530

DHS/ICE Office of Chief Counsel - BUF

130 Delaware Avenue, Room 203
Buffalo, NY 14202

Name: NGUYEN, HUYEN V

A 076-127-741
Date of this notice: 5/28/2015

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

Don.rtL c

(1/VL)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Cole, Patricia A.

Userteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/
Cite as: Huyen V. Nguyen, A076 127 741 (BIA May 28, 2015)

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Marszalkowski1 Michael E.
Michael E. Marszalkowski1 P.C.
69 Delaware Avenue, Suite 602
Buffalo, NY 14202

U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office for Immigration Review

Falls Church, Virginia 20530

File: A076 127 741 - Buffalo, NY

Date:

MAY 182015

In re: HUYEN V. NGUYEN

APPEAL
ON BEHALF OF RESPONDENT: Michael E. Marszalkowski, Esquire
CHARGE:
Notice: Sec.

237(a)(l )(D){i), I&N Act [8 U.S.C. 1227(a)(l)(D)(i)] Conditional resident status terminated

Lodged: Sec.

237(a)(l)(A), I&N Act [8 U.S.C. 1227(a)(l)(A)] Inadmissible at time of entry or adjustment of status under
section 212(a)(7)(A)(i)(I), I&N Act [8 U.S.C. 1182(a)(7)(A)(i)(I)] Immigrant - no valid immigrant visa or entry document

APPLICATION: Review of joint petition to remove conditional status

On November 17, 2014, the United States Court of Appeals for the Second Circuit
(the "Second Circuit") granted a joint stipulation to remand. We will remand the record to the
Immigration Judge for the entry of a new decision.
The respondent, a native and citizen of Vietnam, was admitted as a conditional permanent
resident to the United States on August 22, 2000, based on her marriage to her
United States citizen husband. On July 10, 2002, a joint petition to remove the conditions on
the respondent's residency was filed. The Department of Homeland Security (the "DHS")
denied the petition after finding that the respondent was the half-niece of her husband and
determining that the marriage was therefore void as incestuous. Subsequently, the respondent
was charged as removable from the United States.
On August 31, 2010, the Immigration Judge found the respondent removable as charged and
affirmed the DHS's denial of the petition to remove the conditions on the respondent's status.
On January 25, 2013, we dismissed the respondent's appeal from the Immigration Judge's
decision. Specifically, we found that the respondent and her husband were half-blood niece and
uncle and that the marriage was void under New York law. On February 19, 2014, the Second
Circuit found substantial evidence supported our determination that the respondent and her
husband were half-blood niece and uncle but certified to the New York Court of Appeals the
issue of whether such a marriage was void as incestuous under New York law. See Nguyen
v. Holder, 743 F.3d 311 (2d Cir. 2014). On October 28, 2014, the New York Court of Appeals
determined that a marriage between a half-blood niece and uncle was valid under New York law.
Cite as: Huyen V. Nguyen, A076 127 741 (BIA May 28, 2015)

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

IN REMOVAL PROCEEDINGS

A076 127 741

In light of .the joint stipulation to remand and the determination of the New York Court of
Appeals about the validity of the respondent's marriage, we find that remand of proceedings is
warranted. Upon remand, the Immigration Judge shall allow the DHS an opportunity to
re-adjudicate the respondent's petition to remove the conditions on her status.
Accordingly, the following order will be entered.
ORDER: The record is remanded to the Immigration Judge for further proceedings
consistent with the foregoing decision.

2
Cite as: Huyen V. Nguyen, A076 127 741 (BIA May 28, 2015)

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

As aforementioned, the Second Circuit granted a joint stipulation to remand on

November 17, 2014. Specifically, the joint stipulation cited the decision of the New York Court
of Appeals determining that the respondent's marriage to her husband was permissible under
New York law. See Nguyen v. Holder, 21 N.E.3d 1023 (N.Y. 2014). The joint stipulation also
indicated that proceedings should be remanded to the Immigration Judge to allow the DHS an
opportunity to re-adjudicate the petition to remove the conditions on the respondent's status.