BIA on 212(h) Waiver Eligibility: Matter of Paek

Official Headnote: An alien who was admitted to the United States at a port of entry as a conditional permanent resident pursuant to section 216(a) of the Immigration and Nationality Act, 8 U.S.C. § 1186a(a) (2012), is an alien “lawfully admitted for permanent residence” who is barred...

BIA on Marijuana: Matter of Dominguez-Rodriguez

Official Headnote: For purposes of section 237(a)(2)(B)(i) of the Immigration and Nationality Act, 8 U.S.C. § 1227(a)(2)(B)(i) (2012), the phrase “a single offense involving possession for one’s own use of thirty grams or less of marijuana” calls for a circumstance-specific inquiry...

Unpub. BIA Continuance Remand Victory in NC

"Because the Immigration Judge erred in finding that the respondent's request for a continuance to permit the respondent to appear in federal court on a criminal sentencing matter was unreasonable and not supported by good cause (I.J. at 2), the record will be remanded to the Immigration Judge...

BIA on Realistic Probability Test: Matter of Ferreira

Official Headnote: Where a State statute on its face covers a controlled substance not included in the Federal controlled substances schedules, there must be a realistic probability that the State would prosecute conduct under the statute that falls outside the generic definition of the removable offense...

Matter of Pina-Galindo

Official Headnote: An alien is ineligible for cancellation of removal under section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(C) (2012), if he or she falls within the scope of section 212(a)(2)(B) of the Act, 8 U.S.C. § 1182(a)(2)(B) (2012), as having been...

CA9 on Right to Notice: Velasquez-Escovar v. Holder

"At the outset of her removal proceedings, Odilia de Jesus Velasquez-Escovar gave immigration officials her current address in Los Angeles. But those officials did not properly record it. Instead, they recorded another outdated address and then sent Velasquez’s hearing notice there. Velasquez...

CA2 on Evidence: Urgen v. Holder

"Petitioner contends that his testimony and evidence were sufficient to establish that he is a stateless Tibetan born in Nepal. Because the Board of Immigration Appeals erroneously required Petitioner to prove his nationality through documentary evidence alone, we VACATE and REMAND the Board of...

Unpub. BIA Bond Victory; El Salvador; Asylum; El Paso; Virginia

"On appeal, the respondent argues that the Immigration Judge erred in concluding that she was an extreme flight risk and that no amount of bond would reasonably assure her appearance at future immigration proceedings. The appeal will be sustained. The respondent, a native and citizen of EI Salvador...

Unpub. BIA Agg. Fel. Victory: Wash. Rev. Code §§ 9A.28.020(1), 9A.44.089(1)

"The Department of Homeland Security ("DHS') has charged the respondent with removability from the United States as an alien convicted of an "aggravated felony" and a "crime of child abuse." See sections 237(a)(2)(A)(iii) aod 237(a)(2)(E)(i) of the Immigration and Nationality...

Unpub. BIA CAT Victory: Mexico; Imputed Gang Affiliation

"[T]he respondent has presented evidence, undisputed by the DHS, that the Federal Government and at least one local government in the United States have identified him as a member of the Norteño gang and have done so in the presence of rival gang members. ... Unrebutted evidence presented...

Unpub. BIA Bond Jurisdiction Victory: Matter of Cerda Reyes

"The respondent appeals from the Immigration Judge's March 13, 2014, decision determining that she lacked jurisdiction under 8 C.F.R. § 1003.19(c) to consider his request for a change in custody status. ... The instant appeal requires us to determine whether the rules for applying for a...

Are You Keeping Up With BIA Unpubs?

Ben Winograd at the Immigrant & Refugee Appellate Center, LLC loads those unpubs here .

BIA on Sec. 216 Hardship Clock: Matter of Munroe

Official Headnote: For purposes of establishing an alien’s eligibility for a waiver under section 216(c)(4)(A) of the Immigration and Nationality Act, 8 U.S.C. § 1186a(c)(4)(A) (2012), the relevant period for determining whether an alien’s removal would result in extreme hardship is...

CA4 on Misrepresentation, More: Yang v. Holder

Multiple errors by the BIA on multiple issues. Please read the case in full. Excellent lawyering by Joshua Bardavid ! - Yang v. Holder, Oct. 29, 2014 .

BIA on Use of I-9 in Removal Proceedings: Matter of Bett

Official Headnote: A Form I-9 (Employment Eligibility Verification) is admissible in immigration proceedings to support charges of removability against an alien and to determine his or her eligibility for relief from removal. - Matter of Bett, 26 I&N Dec. 437 (BIA 2014) .

IRAC Releases October 2014 Update to Index of Unpublished BIA Decisions

"IRAC is pleased to release an updated version of its Index of Unpublished Decisions of the Board of Immigration Appeals , which now contains links to decisions issued through October 8, 2014. The Index is organized by subject matter and contains links to helpful rulings selected from an ongoing...

Unpub. BIA: Voluntary Return May Not Interrupt Continuous Physical Presence for COR

"The Immigration Judge stated that it appeared there was an interruption in the respondent's continuous physical presence when he attempted to enter the United States in 2006 and he was returned to Mexico, given that it was not a refusal at the port of entry (U. at 14). We find that the respondent...

USCIS Teleconference, BIA Recognition and Accreditation, Nov. 6, 2014

"U.S. Citizenship and Immigration Services (USCIS) invites you to participate in a stakeholder teleconference on Thursday, Nov. 6, from 2 – 3 p.m. (Eastern) to discuss the standard operating procedure for Board of Immigration Appeals (BIA) recognition and accreditation. During this engagement...

Three New BIA Precedent Decisions on Accreditation/Recognition

Where an organization is physically colocated or financially associated with, or otherwise attached to, a for-profit venture, the Board of Immigration Appeals will not approve an application for recognition unless it is confident that the organization will not be influenced, either explicitly or implicitly...

CA5 on Notice: Barrios-Cantarero v. Holder

"The BIA committed legal error by determining that Barrios-Cantarero was properly given notice through a letter addressed to Adrian Eliseo and therefore abused its discretion by denying his motion to reopen. ... Here, the BIA failed to apply 8 C.F.R. § 103.8(a)(1)(i) in determining whether...

Thanks to DAPA, Winter is Coming for the BIA - Ben Winograd

"In the long term, the series of memos comprising the administration’s “Executive Action” may finally reduce the historic backlogs facing our nation’s immigration courts. In the short term, however, the memos could exponentially worsen the extensive (and overlooked) backlog...

Unpub. BIA Asylum Remand Victory: Honduras, Social Group

"Since the time of the respondent's hearing, the Board has issued several decisions addressing the issue of particular social group. See Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014), and Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014) (clarifying what is required to establish a particular...

BIA on Continuous Physical Presence for COR: Matter of Velasquez-Cruz

An alien’s departure from the United States following a criminal conviction for illegal entry under section 275(a)(1) of the Immigration and Nationality Act, 8 U.S.C. § 1325(a)(1) (2012), interrupts the 10-year period of continuous physical presence required to establish eligibility for cancellation...

IRAC Releases December 2014 Update to Index of Unpublished BIA Decisions

"IRAC is pleased to release an updated version of its Index of Unpublished Decisions of the Board of Immigration Appeals , which now contains links to decisions issued through December 8, 2014. The Index is organized by subject matter and contains links to helpful rulings selected from an ongoing...

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

"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. The Board noted that ICE...