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IRAC Releases March 2015 Update to Index of Unpublished BIA Decisions

"The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2015 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through March 16, 2015. Among other newly added cases, the Index now contains decisions holding...

Unpub. BIA Agg. Fel. Theft Victory: Matter of Stewart

"In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that Md. Crim. Law, Code Ann. 7-104 is categorically not an aggravated felony "theft offense" because it encompasses fraudulent takings with the consent of the owner, and that the...

BIA on Bond Hearing Venue: Matter of Cerda Reyes

Official Headnote : "The rules for applying for a bond redetermination at 8 C.F.R. § 1003.19(c) (2014) relate to venue, not jurisdiction." - Matter of Cerda Reyes , 26 I&N Dec. 528 (BIA 2015). [Note Footnote 8: "We recognize that there must be coordination between the OCIJ...

Unpub. BIA 4th Amendment Violation Remand: Matter of Espana

Ben Winograd at IRAC writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to suppress upon finding the allegations in his affidavit constituted prima facie evidence of an egregious Fourth Amendment violation...

ICE Removes (Deports) Vides Casanova, Former Salvadoran Defense Minister

"A former minister of defense of El Salvador was removed from the United States by officers with U.S. Immigration and Customs Enforcement's (ICE) Enforcement and Removal Operations (ERO) Wednesday, after the Board of Immigration Appeals (BIA) dismissed his appeal and upheld an immigration judge's...

BIA on Admin. Closure: Matter of Montiel

Official Headnote : "Removal proceedings may be delayed, where warranted, pending the adjudication of a direct appeal of a criminal conviction. Matter of Avetisyan , 25 I&N Dec. 688 (BIA 2012), followed." - Matter of Montiel, 26 I&N Dec. 555 (BIA 2015) .

BIA on Unlawful Voting: Matter of Fitzpatrick

Official Headnote : An alien who has voted in an election involving candidates for Federal office in violation of 18 U.S.C. § 611(a) (2012) is removable under section 237(a)(6)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(6)(A) (2012), regardless of whether the alien knew that...

BIA on Admission, Adjustment of Status, 237(a)(1)(H) - Matter of Agour

Official Headnote : Adjustment of status constitutes an “admission” for purposes of determining an alien’s eligibility to apply for a waiver under section 237(a)(1)(H) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(1)(H) (2012). Matter of Connelly , 19 I&N Dec....

Two New Accredited Reps on Colorado's Western Slope

My friend Marketa Zubkova , originally from the Czech Republic, recently received her BIA accreditation for DHS petition matters. Together with Nicole Bernal Ruíz at the Hispanic Affairs Project , Marketa will continue to provide caring, competent representation to immigrants on Colorado's...

Unpub. BIA Sua Sponte Administrative Closure

David Estudillo writes: "Attached is a decision I just received from the BIA . To my surprise, the BIA on its own decided to admin close the appeal. On several prior occasions I asked Chief Counsel’s office to admin close the case, but it refused. (The client had 2 DUIs, and numerous other...

BIA Overrules V-K- and A-S-B-; Matter of Z-Z-O-, Int. Dec. No. 3838

Official Headnotes: (1) An Immigration Judge’s predictive findings of what may or may not occur in the future are findings of fact, which are subject to a clearly erroneous standard of review. Matter of V-K-, 24 I&N Dec. 500 (BIA 2008), and Matter of A-S-B-, 24 I&N Dec. 493 (BIA 2008...

BREAKING: BIA Will Add Two More Members

Advance Copy of Interim Rule to be published in the June 3, 2015 Federal Register: "This rule amends the Department of Justice regulations relating to the organization of the Board of Immigration Appeals (Board) by adding two Board member positions, thereby expanding the Board to 17 members."

Osuna: EOIR Needs More of Everything

"Immigrants already on United States soil may have to wait years to see an immigration court judge. It’s a problem that’s worse than it’s ever been, with a backlog of over 400,000 cases. In his first ever TV interview on camera, the Director of the Executive Office for Immigration...

News Excerpts From the June 15, 2015, Bender’s Immigration Bulletin

Supreme Court Reverses 8th Circuit in Mellouli Case | By a 7-2 vote, the U.S. Supreme Court ruled for the noncitizen in Mellouli v. Lynch , reversing the Eighth Circuit. The decision is summarized at page 641 [ enhanced opinion available to lexis.com subscribers ] [ lexis.com subscribers may access...

EOIR Interim Rule: BIA Expands to 17 Members

"This rule amends the Department of Justice regulations relating to the organization of the Board of Immigration Appeals (Board) by adding two Board member positions, thereby expanding the Board to 17 members. ... This rule is effective June 3, 2015." - Federal Register / Vol. 80, No. 106 ...

BIA on Family Unity, 'Admission' - Matter of Fajardo Espinoza

Official Headnote : A grant of Family Unity Program benefits does not constitute an “admission” to the United States under section 101(a)(13)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1101(a)(13)(A) (2012), for purposes of establishing that an alien has accrued the requisite...

Unpub. BIA Asylum Remand Victory; China

"Upon our de novo review, we will reverse the Immigration Judge's conclusion that the harm the lead respondent experienced does not rise to the level of persecution. ... We will remand for the Immigration Judge to allow the Department of Homeland Security (DHS) an opportunity to rebut the presumption...

Groundbreaking Unpub. BIA Decision for Juveniles and SIJS in Georgia

Charles Kuck writes - "On June 1, 2015, Kuck Immigration Partners, through our amazing associate attorney Anna Erwin , received a groundbreaking (but as of yet unpublished) decision from the Board of Immigration Appeals . The Board reversed the decision of the Atlanta Immigration Judge to deport...

BIA on Competency, Asylum - Matter of J-R-R-A-

OFFICIAL HEADNOTE : If an applicant for asylum has competency issues that affect the reliability of his testimony, the Immigration Judge should, as a safeguard, generally accept his fear of harm as subjectively genuine based on the applicant’s perception of events. - Matter of J-R-R-A-, 26 I&N...

CBP Claims 3-Year-Old Came to U.S. 'To Look for Work'

"Last summer, at a United States Border Patrol station along the U.S.-Mexico border, a parade of Border Patrol agents interviewed Y-F-. Addressing Y-F- directly in Spanish, a government agent told Y-F- that "I am an officer of the United States Department of Homeland Security." He informed...

BIA Limits Koloamatangi: Matter of Pena

OFFICIAL HEADNOTE: An alien returning to the United States who has been granted lawful permanent resident status cannot be regarded as seeking an admission and may not be charged with inadmissibility under section 212(a) of the Immigration and Nationality Act, 8 U.S.C. § 1182(a) (2012), if he or...

IRAC Releases June 2015 Update to Index of Unpublished BIA Decisions

"The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2015 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through June 11, 2015. Among other newly added cases, the Index now contains decisions: •...

CA7 on Burden of Proof: Hernandez Lara v. Lynch

"Hernandez testified at the removal hearing that he had entered his marriage in good faith and the government offered no evidence to the contrary. Without making a credibility finding, the immigration judge determined that Hernandez’s marriage was not bona fide and ordered him removed. The...

BIA on Attorney Discipline: Matter of P. Singh

Official Headnote: An attorney who admitted to engaging in conduct prejudicial to the administration of justice by enlisting his legal assistant to impersonate him during multiple telephonic appearances before Immigration Judges was appropriately suspended from practice before the Immigration Courts...

News Excerpts From The July 15, 2015, Bender’s Immigration Bulletin

BIA Will Solicit Amicus Briefs | On June 19, 2015, the Executive Office for Immigration Review announced that the Board of Immigration Appeals has launched a one-year pilot program to solicit amicus briefs from interested parties. The Board will post invitations on a public website that describes...