Roy Azim v. U.S. Attorney General

Opinion

[DO NOT PUBLISH]

IN THE UNITED STATES COURT OF APPEALS

FOR THE ELEVENTH CIRCUIT FILED ________________________ U.S. COURT OF APPEALS ELEVENTH CIRCUIT April 4, 2006 No. 05-12520 THOMAS K. KAHN ________________________ CLERK

BIA No. A46-308-957

ROY AZIM,

Petitioner,

versus

U.S. ATTORNEY GENERAL,

Respondent.

________________________

Petition for Review of an Order of the Board of Immigration Appeals _________________________

(April 4, 2006)

Before TJOFLAT and HULL, Circuit Judges, and RESTANI *, Judge.

PER CURIAM:

* Honorable Jane A. Restani, United States Court of International Trade Chief Judge, sitting by designation. After review and oral argument, this Court vacates the Board of Immigration

Appeals’ decision, dated April 20, 2005, and remands this case back to the BIA for

further consideration of the 1991 vacatur and the 1997 vacatur of petitioner’s

convictions in light of its own recent decisions in In re Cota-Vargas, 23 I. & N.

Dec. 849 (BIA Nov. 18, 2005), and In re Adamiak, 23 I. & N. Dec. 878, 2006 WL

307908 (BIA Feb. 8, 2006). Nothing herein shall be construed as any ruling on the

substantive issues in this case but only a remand so that the BIA should address the

effect of its own decisions in the first instance.

VACATED and REMANDED.