New BIA Unpubs, Sept. 26, 2013

New BIA Unpubs, Sept. 26, 2013

Ben Winograd writes: "The EOIR law library is back open, so new BIA unpubs are (finally) rolling in again.

Kostas Pantzialas, A097 515 404 (BIA Sept. 26, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further fact-finding following a settlement order issued by the U.S. Court of Appeals for the Second Circuit in February 2010 but “not brought to the Board’s attention until March 2013.” The decision was written by Member David Holmes. 

Julie Broadhurst Ball, A099 099 953 (BIA Sept. 26, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings over DHS opposition where the respondent became a lawful permanent resident during the course of proceedings. The decision was written by Member David Holmes. 

Roberto Ceja-Ruiz, A200 558 702 (BIA Sept. 26, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for consideration of the respondent’s request for a continuance while USCIS considered his request for U nonimmigrant status. The Board noted that evidence was submitted on appeal indicating that a law enforcement agency issued the required certification for the respondent’s sister, and that the respondent may claim eligibility as a derivative of an application filed by his mother. The decision was written by Member Edward Grant. 

Maritza Salcido-Rocha, A200 832 424 (BIA Sept. 26, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for additional fact-finding and the entry of a new decision relating to the respondent’s motion to reopen an order of removal issued in absentia. The Board noted that while the respondent appeared at the Immigration Court on the same she was ordered removed, the immigration judge did not address the assertion. The decision was written by Member Edward Grant. 

Jean Daniel Ahlijah, A205 829 470 (BIA Sept. 26, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record in light of evidence indicating that the respondent's sentence for receiving stolen property was reduced from 12 to 6 months, thereby making him no longer rendering him removable as an aggravated felon and eligible for certain forms of relief. The decision was written by Member John Guendelsberger."