Immigration Law

Recent Posts

Unpub. BIA Pardon Victory in Alabama, Louisiana
Posted on 17 Jan 2019 by Daniel M. Kowalski

Hats off to my associate, Samantha Hechtman , who writes: "Respondent is a native and citizen of Antigua Barbuda. He entered the United States as a lawful permanent resident on January 30, 1988. Respondent was detained by ICE on November 14, 2016... Read More

BIA Unpubs, Dec. 30-31, 2013
Posted on 10 Jan 2014 by Daniel M. Kowalski

From Ben Winograd : " Jose Manuel Isabel Diaz , A205 500 422 (BIA Dec. 30, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) held that the phrase “reason to believe” in INA 212(a)(2)(C) was akin to “probable...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

Unpub. BIA on U Visa, 'Admission' - Matter of Garnica Silva
Posted on 27 Jul 2017 by Daniel M. Kowalski

Matter of Garnica Silva, A098 269 615 (BIA June 29, 2017, unpublished) - "[A]n alien granted U nonimmigrant status through stateside processing has been "admitted" to the United States as a lawful temporary resident, even if he never made... Read More

IRAC Releases 2014 Edition of Index of Unpublished BIA Decisions
Posted on 15 Jan 2014 by Daniel M. Kowalski

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"The Immigrant & Refugee Appellate Center (IRAC) is pleased to announce the release of the 2014 edition of its Index of Unpublished Decisions of the Board of Immigration Appeals .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... Read More

Unpub. BIA Bond Victory; El Salvador; Asylum; El Paso; Virginia
Posted on 5 Oct 2014 by Daniel M. Kowalski

"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... Read More

Unpub. BIA Cancellation, Agg. Fel., Categorical Approach Victory in Michigan
Posted on 9 Oct 2015 by Daniel M. Kowalski

Russell Abrutyn writes: "[Here are] two BIA decisions for a client of ours that may be of interest to your readers. The first decision is the BIA's decision reopening the Respondent's removal proceedings and the second is the BIA's decision... Read More

Post-Judulang Remand (Unpub. BIA)
Posted on 7 Jun 2014 by Daniel M. Kowalski

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... Read More

Unpub. BIA Remand: Chile, Torture, Lozada, One-Year Bar, Tier III Terrorist Organization
Posted on 21 Dec 2012 by Daniel M. Kowalski

Prof. Alizabeth Newman at the Immigrant & Refugee Rights Clinic, CUNY School of Law, writes: " Attached is a holiday surprise from the BIA that might be of interest to others. - Reversing IJ on the one yr. asylum bar finding extraordinary... Read More

Are You Keeping Up With BIA Unpubs?
Posted on 14 Oct 2014 by Daniel M. Kowalski

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

BIA Unpubs, Nov. 27-29, 2013
Posted on 14 Dec 2013 by Daniel M. Kowalski

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... Read More

Fresh BIA Unpubs from the Immigrant & Refugee Appellate Center
Posted on 9 Jul 2013 by Daniel M. Kowalski

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... Read More

Unpub. BIA Interlocutory Appeal Victory - Change of Venue
Posted on 7 Jun 2014 by Daniel M. Kowalski

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... Read More

BIA on Crime of Violence: Matter of Turou (unpub.)
Posted on 11 Oct 2013 by Daniel M. Kowalski

"[W]e agree with the respondent's contention that pursuant to the Court's decision in Moncrieffe v. Holder, there is "a realistic probability, not a theoretical possibility," that the State of Delaware would apply its Assault in... Read More

CA6 on Asylum, Rwanda, Evidence, MTR: Uwineza v. Holder (unpub.)
Posted on 21 Jan 2015 by Daniel M. Kowalski

"Uwineza argues that the BIA’s decision is without rational explanation, citing Yo Yun Zhang v. Holder, 702 F.3d 878, 881-82 (6th Cir. 2012), which held that the BIA cannot refuse to credit evidence on the grounds that it is unsworn or written... Read More

Some Fresh BIA Unpubs
Posted on 24 Jul 2013 by Daniel M. Kowalski

Thanks to Ben Winograd and the Immigrant & Refugee Appellate Center ! Ruben Dario Sanchez Esquivel , A035 727 884 (BIA July 19, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) denied a DHS appeal and upheld the... Read More

  • Blog Post: Unpub. BIA MTR Victory: Russia, Homosexuality

    Aaron C. Hall writes: "Our client first applied for asylum in 1992 based on persecution by the KGB in the former Soviet Union on account of his political opinion. His application was denied by the IJ and on appeal by the BIA and the Tenth Circuit. He then filed a Motion to Reopen with the BIA...
  • Blog Post: Unpub. BIA Remand Victory: Using Martinez v. Mukasey

    "[I]n Martinez v. Mukasey, 519 F.3d 532 (5th Cir. 2008), the United States Court of Appeals for the Fifth Circuit reached a different result than that reached by this Board in Matter of Koljenovic, 25 I&N Dec. 219 (BIA 2010) (LJ. at 6-7). The Fifth Circuit determined that the statutory bar on...
  • Blog Post: Unpublished BIA Victory: 212(c), Ineffective Assistance, Mental Capacity

    Jon Eric Garde of Las Vegas recently received good news from the BIA, granting his motion to reopen a case that had last been before the Board in 1998! Matter of Stevens, A035-172-124 - Detroit, Oct. 12, 2011, unpublished .
  • Blog Post: Unpub. BIA Remand Victory: AOS, False Claim

    Matthew L. Kolken writes: " Attached is a BIA decision overturning the IJ in Buffalo. He ruled that my client was statutorily ineligible for adjustment due to an alleged false claim to US citizenship that never happened. I moved for recusal during the course of proceedings, which was denied...
  • Blog Post: Unpub. BIA Remand Victory: CAT, Mexico, credibility, social group

    "[T]he adverse credibility finding is clearly erroneous inasmuch as it based on minor inconsistencies and improper speculation (Resp. Br. at 15). See Ren v. Holder, 648 F.3d 1 (9th Cir. 2011) (trivial inconsistencies that under total circumstances have no bearing on petitioner's veracity should...
  • Blog Post: Unpub. BIA Victory: child abuse

    Attorney Aaron Tarin writes: " Here is a bit of good news to those battling the toxic spread of Matter of Soram 's expansive definition of child abuse. [In an unpublished decision dated Dec. 6, 2011 ] the Board held that Assault with Substantial Bodily Injury in the Presence of a Child...
  • Blog Post: Unpub. BIA mental competency remand victory

    "[A] remand is appropriate to enable the parties to apply the framework set out in Matter of M-A-M-, supra, including consideration of whether the respondent has a mental illness that impacted her credibility at the hearing." - Matter of X-, Oct. 5, 2011 . [Hats off to Rachel Gore Freed at...
  • Blog Post: Unpub. BIA asylum remand victory: arrest warrant as pretext

    "On appeal, the respondent argues that the arrest warrant issued against him is a pretext for political persecution. See Long v. Holder 620 F3d 162, 166 (2nd Cir. 2010) (noting that prosecution that is pretext for political persecution is not on account of law enforcement); Matter of Sibrun, 18...
  • Blog Post: Unpub. BIA Cancellation Victory

    Jose Quintero of Catholic Charities, Miami, won this recent victory at the BIA. Bravo! "[W]e conclude that the respondent warrants cancellation of removal as a matter of discretion. In finding that the respondent did not merit a favorable exercise of discretion, the Immigration Judge properly considered...
  • Blog Post: Unpub. BIA Waiver Victory: 'Otherwise Admissible'

    Russell R. Abrutyn writes: "Although there were a number of issues in this case, the primary issue was whether the noncitizen, who married a few days before immigrating as the child of a DV winner, was eligible for a 237(a)(1)(H) waiver. The Immigration Judge and, initially, the BIA held ...
  • Blog Post: Unpub. BIA Res Judicata Victory: Gaytan-Castro

    "We agree with the Immigration Judge that the present removal proceedings are barred under the doctrine of res judicata even if the respondent was erroneously granted adjustment of status in the prior proceedings. ... Although the instant proceedings are based on a different charge of removability...
  • Blog Post: Unpub. BIA 'Extreme Cruelty' Victory: Matter of A-L-M-

    "The principal question on remand is whether the respondent remains eligible for special rule cancellation of removal despite the death of her daughter. We find that she does." - Matter of A-L-M-, Mar. 5, 2012, unpub . Hats off to Katherine Barrett Wiik, National Network to End Violence...
  • Blog Post: Searching for that Unpub. BIA Case?

    A reader writes: "I would be very grateful if you could locate and transmit to me copies of two unreported Board cases cited at page 359 of the March 15, 2007 BIB: Matter of Mitter , A73-767-969 (BIA July 20, 2006) and Matter of Lee , A79-626-439 (BIA Apr. 12, 2006)." I used the "Search"...
  • Blog Post: Unpub. BIA Marriage Fraud Victory: Matter of Kagau

    "While the Notice Of Intent to Deny ("NOID") the previous visa petition questioned the validity of the underlying marriage and referenced the fraud provision under section 204(c) of the Immigration and Nationality Act, 8 U.S.c. § 1154(c), neither the NOID nor the subsequent Field...
  • Blog Post: Unpub. BIA Competency Victory: Matter of Y-C-

    "The Department of Homeland Security (DHS) appeals from the April 8, 2011, decision of an Immigration Judge terminating proceedings. On appeal, the DHS argues that the Immigration Judge erred by terminating proceedings because the DHS failed to establish alienage and that the Immigration Judge erred...
  • Blog Post: Unpub. BIA Burden of Proof Victory in Texas

    "In sum, we find that the DHS has failed to meet its burden of proving that the respondent is removable based on the charges listed in the Notice to Appear and 1-261, and disagree with the Immigration Judge's finding that the respondent is removable as charged under sections 237 (a )(2)( C)...
  • Blog Post: Unpub. BIA Reopening Victory; In Absentia; Exceptional Circumstances

    Hats off to Shahid Haque-Hausrath ! Read the decision ; read about the case . Shahid Haque-Hausrath Border Crossing Law Firm, P.C. 312 N. Ewing Street, 2nd Floor Helena, Montana 59601 (406) 594-2004 (888) 594-2179 (Fax) Shahid@bordercrossinglaw.com www.bordercrossinglaw...
  • Blog Post: Unpub. BIA Equitable Tolling Victory: Matter of Kim

    Jon Eric Garde writes: "I want to share a BIA grant on a special motion to reopen for 212(c) over 13 years after the BIA order and over six years after the filing deadline post St. Cyr, as promulgated by governing regulations. Equitable tolling due to mental incapacity (caused by a horrible gambling...
  • Blog Post: Unpub. BIA Cancellation Remand Victory

    "Pursuant to Matter of Ortega-Cabrera, 23 I&N Dec. 793 (BIA 2005), because an application for cancellation of removal under section 240A(b )(1) of the Act, 8 U.S.C. § 1229(b)(1), is a continuing one for purposes of evaluating an alien's moral character, the period during which good...
  • Blog Post: Unpub. BIA Non-LPR Cancellation Victory: Matter of Andrade

    Nicolas Chavez writes: "I have attached a BIA decision that we received last month. Our client recently gave us written permission to publish it in its entirety. This is a non-LPR cancellation case. We challenged the IJ's decision on several fronts, but what is significant about this case is...
  • Blog Post: Unpub. BIA FGM Asylum Victory; Exception to One-Year Rule; Guinea

    Prof. Jon Bauer writes: "I'm attaching here a BIA decision that may be of interest, issued October 10, 2012 in a case handled by the University of Connecticut Law School's Asylum and Human Rights Clinic. Our client has consented to allow the decision to be distributed. The decision overturns...
  • Blog Post: Unpub. BIA Visa Petition Victory: Bona Fide Marriage

    "We have reviewed the record of proceedings, including the decision of the Field Office Director; the NOID; the response to the NOID; and the petitioner's contentions on appeal. Based on our de novo review, we are unable to reach the same conclusion as the Field Office Director. We are persuaded...
  • Blog Post: After CA5 Published Remand, BIA Reopens 1988 Deportation Case

    "The respondent in this case was ordered deported in absentia on September 29, 1988. The Board dismissed his appeal of an Immigration Judge's denial of his motion to reopen those proceedings on September 28, 2009. On May 12, 2010, the Board denied a motion filed by the respondent seeking to...
  • Blog Post: Unpub. BIA Hardship Remand, Non-LPR Cancellation; Ecuador; Non-Qualifying Sibling

    H. Raymond Fasano writes: "Attached please find a BIA decision from December 13, 2012 that my Firm won. My partner, Rodney Youman, wrote the brief. The case is significant because the Board recognized the imputed hardship a non-qualifying relative sibling had on the sibling who was a qualifying...
  • Blog Post: Unpub. BIA Remand: Chile, Torture, Lozada, One-Year Bar, Tier III Terrorist Organization

    Prof. Alizabeth Newman at the Immigrant & Refugee Rights Clinic, CUNY School of Law, writes: " Attached is a holiday surprise from the BIA that might be of interest to others. - Reversing IJ on the one yr. asylum bar finding extraordinary circumstances due to PTSD (entry 1984-filed 2008)...