BIA Unpubs, Dec. 13-17, 2013

From Ben Winograd and IRAC : " Salvador Espinoza Gonzalez , A021 576 036 (BIA Dec. 13, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings following a Ninth Circuit decision finding Arizona sexual abuse not to be a categorical aggravated felony...

BIA Unpubs, Dec. 18-27, 2013

From Ben Winograd at IRAC : " Carlos Quitanilla-Chicas , A200 234 259 (BIA Dec. 18, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for de novo proceedings in light of the absence of an oral or written decision and the immigration judge’s apparent failure...

BIA Unpubs, Dec. 30-31, 2013

From Ben Winograd : " Jose Manuel Isabel Diaz , A205 500 422 (BIA Dec. 30, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) held that the phrase “reason to believe” in INA 212(a)(2)(C) was akin to “probable cause,” and that the respondent was...

IRAC Releases 2014 Edition of Index of Unpublished BIA Decisions

Ben Winograd writes: "The Immigrant & Refugee Appellate Center (IRAC) is pleased to announce the release of the 2014 edition of its Index of Unpublished Decisions of the Board of Immigration Appeals . About the Index The Index was created from an ongoing review of more than 6...

Unpub. BIA Asylum Victory, Cameroon, Political Opinion

"[T]he Immigration Judge found that, despite her finding that the respondent lacked credibility, the evidence of record - to particularly include the credible testimony of one of the respondent's witnesses, Mr. Jean Claude Nkem-Kong-Nkem -otherwise established that the respondent had experienced...

Unpub. BIA Asylum Victory, Somalia, FGM

"In sum, we conclude that the respondent met her burden of proof for asylum based on suffering FGM and that she merits relief as a matter of discretion." - Matter of X-, Dec. 31, 2013 . [Hats off to Kim Hunter !]

Unpub. BIA Suppression Victory: Matter of Lara-Torres (Egregious Conduct by NSA)

"[T]he Immigration Judge correctly concluded that the evidence obtained by officers of the National Security Agency (NSA) on March 31, 2010, with regard to the respondent's immigration status, which prompted officers of the United States Immigration and Customs Enforcement (ICE) to detain the...

Unpublished BIA Decision of the Month (January 2014)

Ben Winograd writes : "Our featured unpublished decision for January 2014 involves an issue as important as it is convoluted: when immigration judges may consult conviction records—such as an indictment or plea colloquy—to determine whether a noncitizen was convicted of a removable...

Unpub. BIA Stop-Time Remand Victory: Matter of Mendoza-Olivas

Steve Spurgin writes: "[ Linked here is an unpub .] BIA decision in which the Board said that an admission of a stop time crime that was vacated on Padilla grounds in a removal proceeding for a LPR does not stop time unless the respondent is warned in advance about the elements of the offense, citing...

IRAC Releases March 2014 Update to Index of Unpublished BIA Decisions

"IRAC has released the March 2014 update to 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 review of more than 6,000 unpublished BIA decisions. Individuals who have...

Ben Winograd's Unpublished BIA Decision of the Month (February 2014)

"Our featured unpublished decision for February 2014 involves waivers of inadmissibility under Section 212(k) of the Immigration and Nationality Act, a little-known remedy available to noncitizens who unwittingly seek to enter the country on invalidly issued immigrant visas. The respondent in...

Unpub. BIA Descamps CIMT Victory in Arizona: Matter of Sainz-Rivera (unpub.)

"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 or restricted —...

Unpub. BIA on Asylum, Mexico, Social Group, Gender Identity: Matter of M-G-O-

Ben Winograd writes: "In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent, a citizen of Mexico, qualified for withholding of removal based on his membership in a particular social group consisting of effeminate gay males with female gender identities. The Board...

Unpub. BIA on 245(k): Matter of Norra

"The only issue in this appeal is whether the respondent's failed to maintain "lawful status" such that they are not eligible for adjustment of status under section 245(a) of the Act. Specifically, the record reflects that the respondents filed for extensions of their nonimmigrant...

Unpub. BIA Refugee Waiver Victory: Bosnia

"As noted by the Immigration Judge the respondent's omissions are particularly concerning where, as here, the respondent failed to disclose his VRS service, as the organization, and specifically the Zvornik Infantry Brigade's 4th Infantry Battalion where the respondent served, was responsible...

Unpub. BIA 212(c) Victory

Russell Abrutyn writes: "Here is a case that is all about persistence that I thought might be of interest to your readers. When the case began, the respondent, who had lawfully resided in the U.S. since 1969, appeared ineligible for relief under the then-current law. He was convicted of an aggravated...

Unpub. BIA on "Legally Impossible" Crimes: Matter of Clase

Ben Winograd writes: "I'm happy to share this favorable BIA decision in a case I litigated with Susan Pai. The Board held that *attempted* second degree gang assault is not a CIMT because, as New York courts have found, it is a "legally impossible" crime for trial purposes. The Board...

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...