U.S.

Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office of the Clerk

5/07 leesburg Pike, Suite 2000

Falls Church, Virginia 22041

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

KONAN, RYANNE GUY, ESQ. OHS/ICE Office of Chief Counsel - SIN
RYANNE KONAN LAW OFFICE 15 Governor Drive
4 MARSHALL RD, SUITE 107 Newburgh, NY 12550
WAPPINGERS FALLS, NY 12590

Name: SMITH, NIGEL OMAR A 210-178-324

Date of this notice: 2/15/2017

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

Sincerely,

DOYUtL c t1JVL)

Donna Carr
Chief Clerk

Enclosure
Panel Members:
Grant, Edward R.

Use rteam: Docket

For more unpublished BIA decisions, visit

www.irac.net/unpublished/index/

Cite as: Nigel Omar Smith, A210 178 324 (BIA Feb. 15, 2017)
 U.S. Department of Justice

Executive Office for Immigration Review

Board ofImmigration Appeals

Office of the Clerk

5107 leesburg Pike, Suite 2000

Fa/ls Church, Virginia 22041

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

SMITH, NIGEL OMAR DHS/ICE Office of Chief Counsel - SIN
15R0651/A210-178-324 15 Governor Drive
ICE DETAINEE A210-178-324 Newburgh, NY 12550
GREENE COUNTY CORR. JAIL
165 PLANK RD
COXSACKIE, NY 12051

Name: SMITH, NIGEL OMAR A 210-178-324

Date of this notice: 2/15/2017

Enclosed is a copy of the Board's decision in the above-referenced case. This copy is being
provided to you as a courtesy. Your attorney or representative has been served with this
decision pursuant to 8 C.F.R. 1292.5(a). If the attached decision orders that you be
removed from the United States or affirms an Immigration Judge's decision ordering that you
be removed, any petition for review of the attached decision must be filed with and received
by the appropriate court of appeals within 30 days of the date of the decision.

Sincerely,

boYutL {!{1/\A)
Donna Carr
Chief Clerk

Enclosure
Panel Members:
Grant, Edward R.

Userteam: i :

Cite as: Nigel Omar Smith, A210 178 324 (BIA Feb. 15, 2017)
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U.S: Department of Justice Decision of the Board of Immigration Appeals
Executive Office for Immigration Review

Falls Church Virginia 22041

File: A210 178 324 - Fishkill, New York Date:

In re: NIGEL OMAR SMITH

FEB 1 5 2017

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

IN REMOVAL PROCEEDINGS

APPEAL

ON BEHALF OF RESPONDENT: Ryanne Guy Konan, Esquire

ON BEHALF OF DRS: Daniel W. Kelly

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

The respondent, a native and citizen of Jamaica, and a lawful permanent resident of the United
States since April 14, 2014, has filed a timely appeal of an Immigration Judge's order entered on
October 25, 2016, ordering his removal to Jamaica. The record will be remanded to the
Immigration Court for further proceedings in accordance with this opinion.

In a brief decision entered on October 25, 2016, the Immigration Judge determined that as the
respondent had not provided evidence as to having timely filed his applications for the requested
relief from removal by October 21, 2016, the respondent had abandoned his opportunity to file for
that relief, as requested. However, even though the Immigration Judge states that the issue of the
respondent's removability had been resolved previously, referring to a determination he had made
at the hearing that took place on August 3, 2016 (Tr. at 34), the decision is devoid of any legal
analysis in support of that determination, and is insufficient to meet his obligations under the
regulations. See e.g., 8 C.F.R. 1003.37 and 1240.12.

The Immigration Judge's decision, as presently constituted, does not provide us with a
meaningful basis for appellate review. 1 See generally Matter ofS-H-, 23 I&N Dec. 462, 463-65
1
The Immigration Judge's explanation of the reasons contained in the transcript (Tr. at 34,
39-40) is not sufficient pursuant to our decision in Matter of A-P-, 22 I&N Dec. 468 (BIA
1999),which requires that the record include a complete decision of the Immigration Judge in a
manner that clearly separates it from the transcript of the proceedings. Id at 476 (finding that the
appellate process is best served when the oral decision is set apart from the transcript of the
proceedings such that it is readily identifiable as the Immigration Judge's complete decision).
Furthermore, the record reflects the Immigration Judge at the August 3, 2016, hearing, expressly
denied the respondent's request for a written decision outlining the legal basis and reasons for his

..
removability findings (Tr. at 39).

Cite as: Nigel Omar Smith, A210 178 324 (BIA Feb. 15, 2017)
/. A2IO t78 324

(BIA 2002) (stating that Immigration Judges should include in their decisions clear and complete
findings of fact that are supported by the record and are in compliance with controlling law).
Consequently, we find it appropriate to remand the record to the Immigration Judge for
preparation of a full decision in support of his legal conclusions as to the respondent's
removability.

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

ORDER: The record is remanded to the Immigration Judge for further proceedings consistent
with this opinion, and the entry of a new decisin.

2
Cite as: Nigel Omar Smith, A210 178 324 (BIA Feb. 15, 2017)
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UNITED STATES DEPARTMENT OF JUSTICE

EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
DOWNSTATE CORRECTIONAL FACILITY

SMITH, NIGEL OMAR

1 5R0651

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

GREENE CORRECTIONAL FACILITY
PO BOX 975
COXSACKIE NY 12051-0975

IN THE MATTER OF FILE A210-178-324 DATE: Oct 25, 2016

SMITH, NIGEL OMAR

_X_ ATTACHED IS A COPY OF THE DECISION OF THE IMMIGRATION JUDGE. THIS DECISION
IS FINAL UNLESS AN APPEAL IS FILED WITH THE BOARD OF IMMIGRATION APPEALS
WITHIN 30 CALENDAR DAYS OF THE DATE OF THE MAILING OF THIS WRITTEN DECISION.
SEE THE ENCLOSED FORMS AND INSTRUCTIONS FOR PROPERLY PREPARING YOUR APPEAL.
YOUR NOTICE OF APPEAL, ATTACHEDDOCUMENTS, AND FEE OR FEE WAIVER REQUEST
MOST BE MAILED TO:

BOARD OF IMMIGRATION APPEALS

OFFICE OF THE CLERK
5107 Leesburg Pike, Suite 2000
FALLS CHURCH, VA 22041

ATTACHED IS l.. COPY OF THE DECISIOl OF 'l'IIE HUHGRA'!'Iml JUDGE AS THE RESULT
OF YOUR FAILURE TO l\PPEAR AT YOUR SCHEDULED DEPORTATim1 OR REHOVAL HEARH1G.
THIS DECISiml IS FHU\L UNLESS A 90TI0N 'l'O REOP:Sl IS FILED Hl ACCORDAJCE
WITH SEC'PION 242B(e) (3) OF THE H4tHGIU'-.Timl Am NATimlALITY ACT, 8 u.s.c.
SECTION 122B {e) (3) Hl DEPORATIOH PR:OCSSDrncs OR 8SCTiml 240 (c) (6),
8 u.s.c. SECTI0t1 1229a(e) (6) rn RE40VAL PROCEEDH1GS. IF YOU FILE 17\ MOTIQ},l
TO REOPEl, YOUR MO'.FION MUS'.F BE FILSD WITH THIS COURT:

H4MIGRATiml COURT
121 RED SCHOOLHOUSE ROAD
FISHKILL, 1 122 4

AL DO
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AP
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2_ 1
2_ 5_ ,_ 0 _ ._ ______________

COURT CLERK
IMMIGRATION COURT ox
CC: OHS LITIGATION UNIT
RYANNE KONAN ESQ
'., I'

US DEPARTMENT OF JUSTICE
EXECUTIVE OFFICE FOR IMMIGRATION REVIEW
IMMIGRATION COURT
Downstate Correctional Facility
121 Red Schoolhouse Road
Fishkill NY 12524

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

IN THE MATTER OF: FILE: A#ll0-178-324
SMITH, Nigel Omar Din No: 15R0651
RESPONDENT
IN REMOVAL PROCEEDINGS
DOCKET: DOWNSTATE-NYSDOC
ON BEHALF OF RESPONDENT:
RYANNE KONAN LAW OFFICE
ON BEHALF OF SERVICE:
LITIGATION UNIT, DHS
ORDER
On August 3, 2016 the above entitled matter was heard at the Downstate Correctional
Facility, Fishkill, New York, at the Master Calendar session. At that time, the respondent was
present via televideo and the attorney was present via telephonic. The Immigration Judge found
that removability in his case was established by clear, convincing, and unequivocal evidence. The
respondent was then found to be eligible to file Forms 1-130 and 1-589 with the court. He was
instructed by the Immigration Judge that the documents must be filed with the Court no later than
October 21, 2016. He was also told that failure to submit the 1-589 and proof of the I-I30's filing
with USCIS would result in an order of removal without further notice or proceedings.
As of today's date the respondent has not filed the application documents. Therefore, it is
deemed that the respondent in this case has abandoned his opportunity to file for relief as requested.
Wherefore, the issue of removability having been resolved against the respondent, and since
he has abandoned possible relief by failing to file in a timely manner, the following order is entered:
IT IS HEREBY ORDERED THAT RESPONDENT BE REMOVED FROM THE UNITED
STATES TO JAMAICA ON THE CHARGE(S) SET FORTH IN THE NOTICE TO APPEAR.

-
R
Immigration Judge '
Dated: Oct 25, 2016
APPEAL DUE DATE: Nov 25, 2016
CERTIFICATE OF SERVICE
THIS DOCUMENT WAS SERVED BY: MAIL (M) PERSONNEL SERVICE (P)
TO: [M] ALIEN [ ] ALIEN c/o Custodial Officer [M] ALIEN's ATT/REP [M] OHS
DATE: 10/25/16 BY: COURT STAFF CLL
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