BIA Unpubs from the IRAC 'Strategic Reserve'

BIA Unpubs from the IRAC 'Strategic Reserve'

Ben Winograd writes: "The BIA isn't making any unpublished decisions available to the public during the shutdown, so we're tapping our strategic reserve and posting helpful rulings from prior years. Here are some I just posted online:

Julio Cesar Rios, A090 318 119 (BIA March 31, 2010) In this unpublished decision, the Board of Immigration Appeals (BIA) sustained the respondent’s appeal and terminated proceedings where records of the respondent’s criminal conviction submitted by DHS were not properly certified under Section 240(c)(3)(B) of the INA and 8 C.F.R. 1003.41(b). The decision was written by Member Patricia Cole and joined by Member Linda Wendtland. Member Roger Pauley dissented without opinion. The Board also denied a subsequent DHS motion to reconsider. 

Luis Narciso Sedeno-Trujillo, A088 190 240 (BIA Sept. 22, 2010) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further fact-finding relating to the respondent’s motion to suppress evidence obtained from an early morning home raid by officers of U.S. Immigration and Customs Enforcement (ICE). The Board noted that numerous Form I-213s submitted by the DHS contained serious inconsistencies relating to whether agents received consent to enter the home. The decision was written by Member Roger Pauley and joined by Member Anne Greer and Member Linda Wendtland. 
Sandra Flores-Nieto, A087 755 789 (BIA Jan. 3, 2011) In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed a DHS appeal of an Immigration Judge’s bond determination. The Board found the government was substantially unlikely to demonstrate that the respondent was convicted of a crime involving moral turpitude because it did not demonstrate under which subsection of a divisible statute, Ariz. Rev. Stat. 13-2006, the respondent was convicted.  The decision was written by Member Edward Grant and joined by Member Garry Malphrus. Member Hugh Mullane dissented without opinion.