Fresh BIA Unpubs from the Immigrant & Refugee Appellate Center

Uploaded by Ben Winograd for the Immigrant & Refugee Appellate Center : http://www.scribd.com/doc/152500690/Edita-Magdirila-Baua-A097-167-177-BIA-June-27-2013 In this unpublished decision, the Board of Immigration Appeals (BIA) upheld its prior decision denying an application to adjustment...

Have You Read All 302 BIA Unpubs on Ben's Page?

By the time you read this, there may be even more! Follow Ben Winograd and the IRAC Appellate Center on their quest to uncover all BIA unpubs !

BIA Unpubs, Oct. 18-21, 2013

" Cresencio Araujo-Navarro , A200 662 702 (BIA Oct. 18, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of a request for voluntary departure where the respondent had not re-entered illegally in past five years and was the beneficiary...

BIA Unpubs, Oct. 24-25, 2013

" Rosa Amparo-Salmeron , A072 163 739 (BIA Oct. 24, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte to provide the respondent a further opportunity to pursue her request for voluntary departure. The decision was written by Member David Holmes...

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" Kanubhai Lalbhai Bhatt , A073 183 507 (BIA Oct. 28, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte over the opposition of the Department of Homeland Security in light of the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...

BIA Unpubs, Nov. 1-12, 2013

Courtesy of Ben Winograd and IRAC : Tui Pele Falo , A035 046 579 (BIA Nov. 1, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent was convicted of both an aggravated felony and a particularly serious crime due to the commission of a theft offense for which...

BIA Unpubs, Nov. 13, 2013

" Jose Antonio Monjazar-Fernandez , A200 611 977 (BIA Nov. 13, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) found that the underlying proceedings were fundamentally unfair where the respondent, who was charged with being present without having been admitted or paroled...

BIA Unpubs, Nov. 14-18, 2013

From IRAC and Ben Winograd : " Jose Antonio Soto Moran , A078 744 043 (BIA Nov. 14, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) vacated the denial of the respondent’s request for administrative closure and remanded for consideration of his application for...

BIA Unpubs, Nov. 19-22, 2013

From Ben Winograd and IRAC : " Jose Mauricio Diaz , A029 012 746 (BIA Nov. 19, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings and remanded the record for further consideration of whether second degree assault under Md. Code Ann., Crim. Law 3-203...

BIA Unpubs, Nov. 25-26, 2013

From Ben Winograd and IRAC : "The last decision (on the NACARA material support bar) is particularly helpful. Juan Roberto Guzman , A044 466 955 (BIA Nov. 25, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia because...

BIA Unpubs, Nov. 27-29, 2013

From Ben Winograd and IRAC : " Armando Parra Reyes , A091 156 708 (BIA Nov. 27, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that neither sodomy under Ga. Code 16-6-15(a), theft under Ga. Code 16-8-2, nor public indecency under...

BIA Unpubs, Dec. 3-6, 2013

From Ben Winograd at IRAC : " Juan Quiroga-Briones , A028 323 575 (BIA Dec. 3, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of whether the respondent’s conviction under Texas Health and Safety Code 481.112(d) is a drug trafficking...

BIA Unpubs, Dec. 9-12, 2013

From Ben Winograd and IRAC : " Victor Rosel , A098 194 325 (BIA Dec. 9, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) upheld a finding that New York criminal possession of controlled substance with intent to sell is a drug trafficking aggravated felony under Pascual...

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...

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...

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...