BIA Unpubs, Oct. 28-31, 2013

"Kanubhai Lalbhai Bhatt, A073 183 507 (BIA Oct. 28, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte over the opposition of the Department of Homeland Security in light of the respondent’s potential eligibility for adjustment of status and the serious health issues facing his lawful permanent resident wife. The decision was written by Member Elise Manuel and joined by Vice Chairman Charles Adkins-Blanch and Member Sharon Hoffman. 

Laura Elizabeth Gracia-Cerda, A089 823 448 (BIA Oct. 28, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent’s motion to reconsider and remanded for further consideration of her eligibility for cancellation of removal in light of the decision in Ibarra v. Holder, 721 F.3d 1157 (10th Cir. 2013), finding Colorado child abuse not to be a crime of child abuse or neglect. The decision was written by Member David Holmes. 

Desmond E. Burke, A022 492 290 (BIA Oct. 29, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and remanded proceedings in light of evidence that the respondent's motion for new trial was granted and state has declined to prosecute. The decision was written by Member David Holmes. 

Aminadad Natanael Mendez-Perez, A099 623 872 (BIA Oct. 30, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia upon finding the respondent's failure to appear was due to exceptional circumstances. The respondent argued that although he received written notice that his hearing would occur on February 14, 2012, he subsequently received a letter from the immigration court stating the hearing would occur on February 15, 2012. The decision was written by Member John Guendelsberger and joined by Member Sharon Hoffman and Member Elise Manuel. 

Sara Jasmin Ashtaryeh, A075 444 016 (BIA Oct. 31, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) noted that the Department of Homeland Security had withdrawn its appeal and declined to accept the immigration judge’s decision for review by certification. In the decision below, the immigration judge terminated proceedings after finding the respondent, a student at New York University, could not be charged with abandoned her status as a lawful permanent resident by virtue of her mother's decision to abandon her LPR status. The decision was issued by Member David Holmes. 

Magalena Pietryszcz, A098 236 466 (BIA Oct. 31, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the First Circuit, granted a joint motion to administratively close proceedings in the exercise of prosecutorial discretion. The Board noted that the First Circuit had “remanded this matter to the Board, but also stated it retained jurisdiction over the respondent's petition." The decision was written by Member Molly Kendall-Clark.

Juan Carlos Clase, A043 986 617 (BIA Oct. 31, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further analysis of whether the respondent qualified for the youthful offender exception for the ground of inadmissibility relating to crimes involving moral turpitude. The Board found that in determining whether the offense was committed before the respondent turned 18, a statement in a criminal indictment saying the offense occurred “on or about” a particular date did not constitute clear and convincing evidence that the offense actually occurred on that date. The decision was written by Member John Guendelsberger." - Courtesy of Ben Winograd and the Immigrant & Refugee Appellate Center.