Unpub. BIA on Tenn. Burglary: Matter of Lloyd

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding aggravated burglary under Tenn. Code Ann. 39-14-403 is not an aggravated felony under INA 101(a)(43)(G). The Board noted that burglary under Tennessee law is broader than...

Unpub. BIA on CIMT: Matter of Sainz-Rivera

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz. Rev. Stat. 28-1383(A)(1)—which criminalizes driving under the influence after one’s license has been suspended, canceled, revoked, refused...

Unpub. BIA on Parole Time, 212(h), 'Lawfully Resided Continuously' - Matter of Joseph

"In this unpublished decision, the Board of Immigration Appeals (BIA) held that time spent pursuant to a grant of parole under INA 212(d)(5)(A) should be counted toward the time an applicant for a waiver under INA 212(h) has "lawfully resided continuously in the United States." "...

Post-Judulang Remand (Unpub. BIA)

Nadeen Aljijakli writes: " I am very pleased to share the BIA's recent decision to reopen our client's case for consideration of 212(c) relief in light of the Supreme Court's case in Judulang v. Holder, 132 S.Ct. 476 (2011). Judulang held that the BIA's prohibitive policy in its...

Unpub. BIA on Administrative Closure

"In this unpublished decision, the Board of Immigration Appeals administratively closed proceedings pending receipt of the appeal record from USCIS and the issuance of a decision on the denial of a Form I-130 filed on the respondent's behalf. The Board stated that the immigration judge erred...

Unpub. BIA Interlocutory Appeal Victory - Change of Venue

Anne E. Peterson writes: " I wanted to share this BIA decision granting an interlocutory appeal of [Dallas] IJ Sims decision denying a change of venue motion with you and the readers of BIBDE." [See also: Texas Refugees' Courtroom Nightmare .]

Unpub. BIA Victory, 2 CIMTs: Matter of Romero

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) held that a charge of deportability under INA 237(a)(2)(A)(ii) based on convictions for two crimes involving moral turpitude cannot be sustained if a waiver under former section 212(c) is granted with respect...

Unpub. BIA on CIMT, Arson: Matter of Hernandez-Hernandez

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding fourth degree arson under N.Y.P.L. 150.05 not to be a categorical crime involving moral turpitude because perpetrators need have a specific intent to damage property. The...

Unpub. BIA Suppression Victory (Remand) in Baltimore

Prof. Maureen A. Sweeney writes: "I thought your readers would be interested in our recent unpublished BIA suppression victory , which rejected an IJ's reasoning that DHS was absolved from any legal repercussions of an allegedly illegal arrest simply because the arrest was carried out by state...

Unpub. BIA on Departure Bar: Matter of Onyesoh

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) held that the removal of the respondent from the United States does not constitute a withdrawal of an appeal challenging the denial of a motion to reconsider under the law of the Fifth Circuit, and remanded...

Unpub. BIA on Full Faith & Credit, Vacated Conviction

"We do not agree with the Immigration Judge's determination that the respondent's 2007 drug conviction remains effective for immigration purposes despite its vacatur. The Texas court's decision vacating the respondent's conviction is entitled to full faith and credit in these proceedings...

Unpub. BIA Unicorn Trifecta on Cancellation in Seattle

Manuel “Manny” Francisco Rios III writes: "Attached is a unicorn of the month for us - a reversal of an over-the-top IJ denial of 10 yr cancellation. The IJ denied the e-42B on three separate grounds: adverse credibility, lack of requisite hardship, and discretion. However, one of our...

Unpub. BIA Descamps Remand: Matter of Hernandez Garcia

"[R]espondent argues that the determination cannot be made as to the level of harm he caused his victim under a modified categorical approach, because the indictment, plea agreement, or other documents that would indicate the nature of his offense, are not in the record (Respondent's Br. at...

IRAC Releases September 2014 Update to Index of Unpublished BIA Decisions

"After a hiatus resulting from the failure of EOIR’s computer servers, IRAC is pleased to release an updated version of its Index of Unpublished Decisions of the Board of Immigration Appeals . The Index is organized by subject matter and contains links to helpful rulings selected from an ongoing...

Unpub. BIA CAT Remand Victory; Mexico; Mental Illness; Gang Membership

"We agree with the respondent that the Immigration Judge's analysis overlooked the discussion in the DRI report regarding the use of long-term physical restraints, and how the physical pain caused by such use may constitute torture. ... The Immigration Judge also did not consider the report's...

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...

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...

Are You Keeping Up With BIA Unpubs?

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

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...

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...

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...