Immigration Law

IRAC Releases April 2014 Update to Index of Unpublished BIA Decisions

"IRAC has released the April 2014 update to its Index of Unpublished Decisions of the Board of Immigration Appeals, which now contains decisions issued through April 3. Individuals who have purchased the 2014 edition of Index may download the updated version for no additional charge. The Index now contains links to cases stating:

* Descamps v. United States, 133 S.Ct. 2276 (2013), “overrules” Matter of Lanferman, 25 I&N Dec. 721 (BIA 2012), on whether a criminal statute is divisible

* Bulk cash smuggling under 31 U.S.C. 5332(a) is not a crime involving moral turpitude

* Texas convictions for “Class A” assault with family violence may be subject to the petty offense exception

* Adjustment applicants renewing an application in removal proceedings need not meet the “lawful status” requirement under INA 245(k) if the requirement was met when the application was originally filed with USCIS

* Immigration judges may not incorporate by reference to the record of proceedings, including arguments in a DHS brief

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is organized by subject matter and contains links to helpful rulings selected from an ongoing review of more than 6,000 unpublished BIA decisions. To preview the Index, click this link or visit To purchase the Index, simply click this link. Customers who forward their purchase confirmation to will receive monthly emails containing links to all new decisions added since the last update.

If you have questions or comments about the Index, or an unpublished BIA decision that you would like to share, please email author Ben Winograd." - IRAC, Apr. 10, 2014.