Elmer A. Mangandi, A094 408 360 (BIA Nov. 25, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of respondent's application for renewal of Temporary Protected Status (TPS) in light of evidence indicating that one of his two prior conviction for driving while impaired was vacated under Padilla v. Kentucky, 559 U.S. 356 (2010), and that the prosecutor dismissed the charge. The decision was issued by Member Roger Pauley and joined by Member Anne Greer. Member Patricia Cole issued a concurring opinion stating that a remand was warranted in the interest of justice but not because of Immigration Judge error. Looking for IRAC’s Index of Unpublished BIA Decisions? Visit www.irac.net/unpublished/index