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Unpub. BIA on Departure Bar: Matter of Onyesoh

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) held that the removal of the respondent from the United States does not constitute a withdrawal of an appeal challenging the denial of a motion to reconsider under the law of the Fifth Circuit, and remanded...

Unpub. BIA on Full Faith & Credit, Vacated Conviction

"We do not agree with the Immigration Judge's determination that the respondent's 2007 drug conviction remains effective for immigration purposes despite its vacatur. The Texas court's decision vacating the respondent's conviction is entitled to full faith and credit in these proceedings...

Unpub. BIA Unicorn Trifecta on Cancellation in Seattle

Manuel “Manny” Francisco Rios III writes: "Attached is a unicorn of the month for us - a reversal of an over-the-top IJ denial of 10 yr cancellation. The IJ denied the e-42B on three separate grounds: adverse credibility, lack of requisite hardship, and discretion. However, one of our...

Unpub. BIA Descamps Remand: Matter of Hernandez Garcia

"[R]espondent argues that the determination cannot be made as to the level of harm he caused his victim under a modified categorical approach, because the indictment, plea agreement, or other documents that would indicate the nature of his offense, are not in the record (Respondent's Br. at...

Unpub. BIA CAT Remand Victory; Mexico; Mental Illness; Gang Membership

"We agree with the respondent that the Immigration Judge's analysis overlooked the discussion in the DRI report regarding the use of long-term physical restraints, and how the physical pain caused by such use may constitute torture. ... The Immigration Judge also did not consider the report's...

Unpub. BIA Continuance Remand Victory in NC

"Because the Immigration Judge erred in finding that the respondent's request for a continuance to permit the respondent to appear in federal court on a criminal sentencing matter was unreasonable and not supported by good cause (I.J. at 2), the record will be remanded to the Immigration Judge...

Unpub. BIA Bond Victory; El Salvador; Asylum; El Paso; Virginia

"On appeal, the respondent argues that the Immigration Judge erred in concluding that she was an extreme flight risk and that no amount of bond would reasonably assure her appearance at future immigration proceedings. The appeal will be sustained. The respondent, a native and citizen of EI Salvador...

Unpub. BIA Agg. Fel. Victory: Wash. Rev. Code §§ 9A.28.020(1), 9A.44.089(1)

"The Department of Homeland Security ("DHS') has charged the respondent with removability from the United States as an alien convicted of an "aggravated felony" and a "crime of child abuse." See sections 237(a)(2)(A)(iii) aod 237(a)(2)(E)(i) of the Immigration and Nationality...

Unpub. BIA CAT Victory: Mexico; Imputed Gang Affiliation

"[T]he respondent has presented evidence, undisputed by the DHS, that the Federal Government and at least one local government in the United States have identified him as a member of the Norteño gang and have done so in the presence of rival gang members. ... Unrebutted evidence presented...

Are You Keeping Up With BIA Unpubs?

Ben Winograd at the Immigrant & Refugee Appellate Center, LLC loads those unpubs here .

IRAC Releases October 2014 Update to Index of Unpublished BIA Decisions

"IRAC is pleased to release an updated version of its Index of Unpublished Decisions of the Board of Immigration Appeals , which now contains links to decisions issued through October 8, 2014. The Index is organized by subject matter and contains links to helpful rulings selected from an ongoing...

Unpub. BIA: Voluntary Return May Not Interrupt Continuous Physical Presence for COR

"The Immigration Judge stated that it appeared there was an interruption in the respondent's continuous physical presence when he attempted to enter the United States in 2006 and he was returned to Mexico, given that it was not a refusal at the port of entry (U. at 14). We find that the respondent...

Unpub. BIA Asylum Remand Victory: Honduras, Social Group

"Since the time of the respondent's hearing, the Board has issued several decisions addressing the issue of particular social group. See Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) (clarifying what is required to establish a particular...

IRAC Releases December 2014 Update to Index of Unpublished BIA Decisions

"IRAC is pleased to release an updated version of its Index of Unpublished Decisions of the Board of Immigration Appeals , which now contains links to decisions issued through December 8, 2014. The Index is organized by subject matter and contains links to helpful rulings selected from an ongoing...

Unpub. BIA 4th Am. Violation Remand: Matter of Espana

"In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his affidavit constituted prima facie evidence of an egregious Fourth Amendment violation. The Board noted that ICE...

Unpub. BIA Withholding Victory, Particular Social Group, Witness Testified Against Gang Members

Sarah K. Bazzi writes: "I retained a client for ERO representation and did a FOIA. It turns out that the IJ had granted my client withholding and DHS had appealed. Coincidentally, my alma mater, the University of Hawaii William S. Richardson School of Law, had taken the case pro bono and students...

Unpub. BIA CIMT Victory at Oakdale

"The respondent was convicted under 42 U.S.C. § 408(a)(8), for the offense of Disclosure and Use of the Social Security Number of Another Person in Violation of the Laws of the United States. The statute at 42 U.S.C. § 408(a)(8), criminally sanctions anyone who "discloses, uses, or...

Unpub. BIA: Dent Provides 'Absolute Right' to View A-File - Matter of Lopez-Lopez

"In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record to allow the Department of Homeland Security to comply with Dent v. Holder , 627 F.3d 365 (9th Cir. 2010), which the Board said "provides an alien with an absolute right to view the contents of his A-file...

IRAC Releases 2015 Edition of Index of Unpublished BIA Decisions

"The Immigrant & Refugee Appellate Center, LLC, is pleased to release the 2015 edition of its Index of Unpublished Decisions of the Board of Immigration Appeals . The Index now contains links to more than a thousand unpublished BIA decisions selected for their potential to assist noncitizens...

Unpub. BIA Hague Convention Visa Petition Victory: Castillo Cavazos

"The record shows that the petitioner, a lawful permanent resident (LPR) of the United States, and her spouse, a United States citizen, adopted the beneficiary in Mexico in December 2009, shortly after her birth. The petitioner filed a Form 1·130, Petition for Alien Relative, on behalf of...

Unpub. BIA Victory - Straight Outa Lumpkin!

Bob Beer can give you the details, but on this order , his client will be released from the Stewart, GA hellhole. Hats off to Bob!

Unpub. BIA Categorical Approach Victory: Matter of Calderon

"Upon de novo review, we conclude that a conviction under 18 PA. CONS. STAT. § 6312(d) does not qualify categorically as a conviction for an aggravated felony under section 101 (a)(43)(1) of the Act, such that it would render the respondent removable under section 237(a)(2)(A)(iii) of the Act...

IRAC Releases March 2015 Update to Index of Unpublished BIA Decisions

"The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2015 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through March 16, 2015. Among other newly added cases, the Index now contains decisions holding...

Unpub. BIA Agg. Fel. Theft Victory: Matter of Stewart

"In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that Md. Crim. Law, Code Ann. 7-104 is categorically not an aggravated felony "theft offense" because it encompasses fraudulent takings with the consent of the owner, and that the...

Unpub. BIA 4th Amendment Violation Remand: Matter of Espana

Ben Winograd at IRAC writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his affidavit constituted prima facie evidence of an egregious Fourth Amendment violation...