Have You Been Following All the Unpublished BIA Cases from IRAC?

The indefatigable Ben Winograd has posted at least 272 unpublished BIA cases on the Immigrant & Refugee Appellate Center site.  Here's just a taste from August 14th:

"Be careful if you're drinking coffee when you read the first opinion -- you might spit it out. 

Wilson Orlando Escobar, A095 082 121 (BIA Aug. 14, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the case for further consideration of the respondent's motion to reopen an order of removal issued in absentia, in light of evidence submitted on appeal indicating that the respondent's mother intentionally hid the Notice To Appear and hearing notices from the respondent and forged his signature on an EOIR-28 form after retaining an attorney to represent him. The decision was written by Member Roger Pauley. 

Ruben Dario Diaz, A090 661 830 (BIA Aug. 14, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings against the respondent upon finding the Department of Homeland Security provided no reason not to accept at face value the lawful permanent resident card he was granted in 1990. The respondent's naturalization application had previously been denied because USCIS was unable to locate any records indicating how and why the respondent was granted such status. The decision was written by Member Roger Pauley and joined by Member Anne Greer and Member Patricia Cole. 

Gilberto Aguilera, A093 006 263 (BIA Aug. 14, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) declined to exercise jurisdiction over an interlocutory appeal filed by the Department of Homeland Security challenging the decision of an immigration judge to administratively close proceedings against a detained respondent while he was awaiting the adjudication of a Form I-130 filed on his behalf. The decision was written by Member David Holmes. 

Safraz Khan, A043 452 893 (BIA Aug. 14, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) declined to exercise jurisdiction over an interlocutory appeal filed by the Department of Homeland Security challenging the decision of an immigration judge to administratively close proceedings against a detained respondent while he was awaiting the adjudication of a U visa application filed with U.S. Citizenship and Immigration Services. The decision was written by Member David Holmes

Juan Rodriguez Martinez, A096 355 621 (BIA Aug. 14, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings as a matter of discretion to allow the respondent, the beneficiary of an approved visa petition filed after he received pre-conclusion voluntary departure, to pursue an application for adjustment of status. The decision was written by Member John Guendelsberger.

Farzad Saeed Qureshi, A098 144 820 (BIA Aug. 14, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) upheld an order of removal against the respondents and denied their claim that the government was equitably estopped from removing them from the country based on the lead respondent's receipt of a notice from USCIS erroneously stating that an application to adjust to permanent resident status had been granted and that he was authorized to work in the country. The decision was written by Member Michael Creppy. 

Jose Luis Ugas Gil, A078 903 173 (BIA Aug. 14, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) rejected the respondent's argument that a theft offense to which he pled nolo contendere was not a "conviction" under Section 101(a)(48) of the INA because it was processed as an "infraction" and he was not provided with the right to a jury trial or appointed counsel. The Board found the argument was foreclosed under its decision in Matter of Cuellar-Gomez, 25 l&N Dec. 850 (BIA 2012). The decision was written by Member Roger Pauley."