U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals
O.ffice of the Clerk
5 /07 Leesburg Pike. Suite 2000
Falls Church. Virginia 20530

DHS/ICE Office of Chief Counsel - NYD

201 Varick, Rm. 1130
New York, NY 10014

Name: PETERS, LEON CHRISTOPHER

A 046-422-396
Date of this notice: 7/16/2015

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

Deruu.. c

t1/lA)

Donna Carr
Chief Clerk
Enclosure
Panel Members:
Malphrus, Garry D.

Userteam: Docket

For more unpublished BIA decisions, visit

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Cite as: Leon Christopher Peters, A046 422 396 (BIA July 16, 2015)

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

Davis, Andrew Bray

Gibson Dunn
1050 Connecticut Avenue, N.W.
Washingon, DC 20036-5306

 U.S. Department of Justice

Decision of the Board of Immigration Appeals

Executive Office foi Immigration Review

Falls Church, Virginia 20530

File: A046 422 396 - New York, NY

Date:

In re: LEON CHRISTOPHER PETERS

\JUL 16 2015

APPEAL
ON BEHALF OF RESPONDENT: Andrew B. Davis, Esquire
ON BEHALF OF OHS:

Michael McFarland
Assistant Chief Counsel

CHARGE:
Notice: Sec.

237(a)(2)(C), I&N Act [8 U.S.C. 1227(a)(2)(C)] Convicted of firearms or destructive device violation

APPLICATION: Termination
This case is before us pursuant to an October 22, 2014, order of the United States Court of
Appeals entered pursuant to the parties' joint stipulation and request for remand. The record will
be remanded for further proceedings and the entry of a new decision.
The respondent, a native and citizen of Guyana and lawful permanent resident of the United
States, was convicted in 2012 of criminal possession of a weapon in the fourth degree under
N.Y.P.C. 265.01. On June 29, 2012, an Immigration Judge found that the respondent was not
removable as charged, and terminated the proceedings. In a decision dated November 15, 2012,
we sustained the Department of Homeland Security's appeal, found the respondent removable as
charged, and remanded the record. On February 7, 2013, we denied the respondent's motion to
reconsider. On June 14, 2013, the Immigration Judge ordered the respondent removed from the
United States. The respondent filed an appeal, which we dismissed on October 28, 2013.
In the joint motion before the court of appeals, the parties stipulated that the Board's prior
decisions should be vacated, and the record remanded for reconsideration of the respondent's
removability in light of intervening precedent, including Descamps v. United States, 133 S.Ct.
2276 (2013), and Matter ofChairez-Castrejon, 26 I&N Dec. 349 ( BIA 2014), vacated in part, 26
I&N Dec. 478 (BIA 2015). We find it appropriate to remand the record to the Immigration
Judge to reconsider the issue of removability in the first instance. On remand, both parties should
have the opportunity to present arguments and submit additional evidence. Accordingly, the
following order will be entered.
ORDER: The record is remanded for further proceedings consistent with the foregoing
opinion and for the entry of a new decision.
FOR THE BOARD

Cite as: Leon Christopher Peters, A046 422 396 (BIA July 16, 2015)

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

IN REMOVAL PROCEEDINGS