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" Rosa Amparo-Salmeron , A072 163 739 (BIA Oct. 24, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte to provide the respondent a further opportunity to pursue her request for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

Why “On or About” is Not “Clear and Convincing”

"The Immigrant & Refugee Appellate Center (IRAC) recently received a favorable decision from the Board of Immigration Appeals on a technical but important issue for many noncitizens facing removal: whether a criminal indictment stating that an offense occurred “on or about” a particular...

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" Kanubhai Lalbhai Bhatt , A073 183 507 (BIA Oct. 28, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte over the opposition of the Department of Homeland Security in light of the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Courtesy of Ben Winograd and IRAC : Tui Pele Falo , A035 046 579 (BIA Nov. 1, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent was convicted of both an aggravated felony and a particularly serious crime due to the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" Jose Antonio Monjazar-Fernandez , A200 611 977 (BIA Nov. 13, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) found that the underlying proceedings were fundamentally unfair where the respondent, who was charged with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From IRAC and Ben Winograd : " Jose Antonio Soto Moran , A078 744 043 (BIA Nov. 14, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) vacated the denial of the respondent’s request for administrative closure and remanded for consideration of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From Ben Winograd and IRAC : " Jose Mauricio Diaz , A029 012 746 (BIA Nov. 19, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings and remanded the record for further consideration of whether second degree assault under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...

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...

A Public Service Announcement Regarding Unpublished BIA Decisions

"As many immigration attorneys already know, the Executive Office for Immigration Review is in the midst of a computer outage that has lasted more than a month. While the Board of Immigration Appeals has continued to issue decisions during the outage (see here ), it has not made any decisions available...

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...

Are You Keeping Up With BIA Unpubs?

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

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...

IRAC Releases 2015 Edition of Index of Unpublished BIA Decisions

"The Immigrant & Refugee Appellate Center, LLC, is pleased to release the 2015 edition of its Index of Unpublished Decisions of the Board of Immigration Appeals . The Index now contains links to more than a thousand unpublished BIA decisions selected for their potential to assist noncitizens...

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...

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: •...