U.S.

Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

5/07 Leesb11rg Pike, S11itc 2000 Falls Ch11rclr, Virginia 22041

Salazar, Rachel, Esq. The Legal Aid Society 199 Water St., 3rd Floor new york, NY 10038

OHS/ICE Office of Chief Counsel - NYD 201 Varick, Rm. 1130 New York, NY 10014

Immigrant & Refugee Appellate Center | www.irac.net

Name: LEVY, RODERICK GARY

A035-954-926

Date of this notice: 6/27/2011

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

Donna Carr Chief Clerk

Enclosure

Panel Members: Pauley, Roger

Cite as: Roderick Gary Levy, A035 954 926 (BIA June 27, 2011)

U.S. Department of Justice Executive Office for Immigration Review

Board ofImmigration Appeals Office ofthe Clerk

5/07 /.eesb11rg Pike, S11ite 2000 Falls Ch11rch. Virginia 2204/

LEVY, RODERICK GARY (A035 954 926) 1 WATERWORKS ROAD FREEHOLD, NJ 07728

OHS/ICE Office of Chief Counsel - NYD 201 Varick, Rm. 1130 New York, NY 10014

Immigrant & Refugee Appellate Center | www.irac.net

Name: LEVY, RODERICK GARY

A035-954-926

Date of this notice: 6/27/2011

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.S(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.
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Dowu... Ct11VLJ
Donna Carr Chief Clerk

Enclosure

Panel Members: Pauley, Roger

Cite as: Roderick Gary Levy, A035 954 926 (BIA June 27, 2011)

U.S. Department of Justice

'

Executive Office for Immigration Review

Decision of the Board of Immigration Appeals

Falls Church, Virginia 22041

File:

A035 954 926 - New York City, NY

Date:

JUN J7 201J

In re: RODERICK GARY LEVY IN REMOVAL PROCEEDINGS

Immigrant & Refugee Appellate Center | www.irac.net

INTERLOCUTORY APPEAL ON BEHALF OF RESPONDENT: ON BEHALF OF DHS: Rachel E. Salazar, Esquire

Christopher Tod St. John Assistant Chief Counsel

The Department of Homeland Security ("DHS") has filed an interlocutory appeal of an Immigration Judge's decision issued orally at a hearing on April 28, 2011, granting the respondent a continuance to pursue his petition for post-conviction relief from a state court conviction for contempt resulting from the violation of a protective order. To avoid piecemeal review of the multiple queries that may arise during the course ofremoval proceedings, ordinarily the Board does not entertain interlocutory appeals. Matter ofM-D-, 24 I&N Dec. 138, 139 (BIA 2007), and cases cited therein. We have on occasion accepted interlocutory appeals to address significant jurisdictional questions about the administration of the immigration laws, or to correct recurring problems in the handling ofcases by Immigration Judges. See, e.g., Matter ofGuevara, 20 I&N Dec. 238 (BIA 1990, 1991) ; Matter ofDobere, 20 l&N Dec. 188 (BIA 1990). The issue of whether the Immigration Judge properly granted a continuance does not represent a jurisdictional question about the administration of the immigration laws. Nor is it a recurring problem in Immigration Judges' handling of cases. Thus, the question raised in this interlocutory appeal does not fall within the limited ambit of cases where we deem it necessary to exercise our jurisdiction. Accordingly, the following order will be entered. ORDER: The record shall be returned to the Immigration Court with no further action.

Cite as: Roderick Gary Levy, A035 954 926 (BIA June 27, 2011)