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BIA Unpubs on Mandatory Detention under INA Section 236(c)

August 04, 2013 (4 min read)

Gerardo Candelario-Torres, A087 968 160 (BIA Jan. 14, 2011)

In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent was not subject to mandatory detention based on his assault conviction under Cal. Penal Code 240 because it fell under the petty offense exception in Section 212(a)(2)(A)(ii) of the INA. However, the Board found the respondent had failed to carry his burden of showing he was not a danger to the community in light of three separate convictions for driving under the influence. The decision was written by Member Roger Pauley.

Anthony Ariel German, A099 232 178 (BIA Feb. 11, 2011)

In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent was not subject to mandatory detention because his theft convictions were vacated and he was re-sentenced to a period of imprisonment of less than one year. The decision was written by Member John Guendelsberger.

Claudia Lorena Santos Baca, A077 387 355 (BIA Feb. 23, 2011)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further proceedings after finding the respondent's admissions regarding her criminal history were not sufficient to establish that she was subject to mandatory detention by virtue of being convicted for multiple crimes involving moral turpitude. The Board stated that the respondent's admissions were too lacking in detail and that the information contained in the bond worksheet did not provide the dates for three of her four convictions. The decision was written by Member Carol King and joined by Member John Guendelsberger and Member Jean King.

Juan Pablo Garcia Garcia, A087 940 270 (BIA March 4, 2011)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of whether the respondent was properly found subject to mandatory detention where the immigration judge did not address the respondent's contention that he was convicted of simple assault or apply the steps set out in Matter of Silva-Trevino, 24 l&N Dec. 687 (A.G. 2008). The decision was written by Member Roger Pauley. 

Edgar Armando Valenzuela-Garcia, A079 651 539 (BIA March 10, 2011)

In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent was not subject to mandatory detention because his conviction for false reporting to a law enforcement agency in violation of Ariz. Rev. Stat. 13-2907.1 was not categorically a crime involving moral turpitude and the conviction documents in the record did not establish an intent to defraud. The decision was written by Member Roger Pauley and joined by Member Patricia Cole and Member Lauri Fillpu.

Gilberto Dominguez-Gutierrez, A201 021 861 (BIA March 21, 2011)

In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent was not subject to mandatory detention because his conviction for Taking the Identity of Another in violation of Ariz. Rev. Stat. 13-2008 was not a crime involving moral turpitude under the reasoning of Beltran-Tirado v. INS, 213 F.3d 1179 (9th Cir. 2000). The Board stated that the breadth of the statute of conviction created a "realistic possibility" that an individual might be prosecuted for non-turpitudinous conduct. The decision was written by Member Jean King and joined by Member Charles Adkins-Blanch and Member John Guendelsberger. 

Francisco Onate-Vazquez, A079 362 130 (BIA April 14, 2011)

In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent was not subject to mandatory detention because his convictions for battery of a spouse under Cal. Penal Code 243(e)(1) and false imprisonment under Cal. Penal Code 236 were not crimes involving moral turpitude. The decision was written by Member Anne Greer and joined by Member Patricia Cole and Member Roger Pauley.

Willian Josue Rosales-Lazo, A095 021 153 (BIA April 21, 2011)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for the immigration judge to provide reasons for his finding that the respondent was subject to mandatory detention due to his conviction for battery of a peace officer under Cal. Penal Code 243(b). The Board stated that the immigration judge's bond memorandum did not adequately analyze whether the respondent's conviction was a crime involving moral turpitude, preventing it from being able to meaningfully review the appeal. The decision was written by Member Garry Malphrus and joined by Member Charles Adkins-Blanch and Member John Guendelsberger.

Daniel Santiago-Jimenez, A097 628 426 (BIA April 27, 2011)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for consideration of the respondent's eligibility for bond under Section 236(a) of the Immigration and Nationality Act after the immigration found him not to be subject to mandatory detention under Section 236(c) of the Act. The decision was written by Member John Guendelsberger and joined by Member Charles Adkins-Blanch and Member Carol King.
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Thanks to Ben Winograd and the Immigrant Refugee & Appellate Center!
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