BIA Unpubs, Oct. 18-21, 2013

BIA Unpubs, Oct. 18-21, 2013

"Cresencio Araujo-Navarro, A200 662 702 (BIA Oct. 18, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of a request for voluntary departure where the respondent had not re-entered illegally in past five years and was the beneficiary of an approved visa petition. The decision was written by Member John Guendelsberger.

Maria Ireri Rivas, A089 573 062 (BIA Oct. 18, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) denied as untimely a DHS motion to reconsider that was received two days after the deadline. In the prior decision, the Board reopened proceedings due to ineffective assistance of counsel because the respondent's prior attorney failed to seek review of USCIS' denial of Form I-751, Petition to Remove the Conditions of Residence, and failed to present evidence that a claim of U.S. citizenship on an application to the University of Nevada, Reno was not for any purpose or benefit under Nevada law. The decision was written by Member Neil Miller

Juan Martin Diaz Montes, A073 826 900 (BIA Oct. 21, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further proceedings upon finding the record did not support the charge in Notice to Appear (NTA) that the respondent was convicted of violating Cal. Health & Safety Code 11359. The decision was written by Member Molly-Kendall Clark.

Abner Salazar-Herrera, A200 191 590 (BIA Oct. 21, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further proceedings where the immigration judge denied voluntary departure without inquiring into whether the respondent could obtain a passport and did not address possibility of a continuance. The decision was written by Member Kendall-Clark.

Augustin Moreno-Duarte, A200 867 579 (BIA Oct. 21, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further proceedings where the pro se respondent was not advised of his right to counsel at no expense to the government after an accredited representative who filed a notice of appearance failed to appear at his hearing. The decision was written by Member John Guendelsberger.

Constantino Santel-Montes, A094 090 659 (BIA Oct. 21, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s request for administrative closure in light of the publication of regulations during the pendency of the appeal permitting the issuance provisional unlawful presence waivers (Form I-601A). The decision was written by Vice Chairman Charles Adkins-Blanch." - Ben Winograd, IRAC.