Fresh BIA Unpubs from the Immigrant & Refugee Appellate Center

Fresh BIA Unpubs from the Immigrant & Refugee Appellate Center

Uploaded by Ben Winograd for the Immigrant & Refugee Appellate Center:

In this unpublished decision, the Board of Immigration Appeals (BIA) upheld its prior decision denying an application to adjustment to lawful permanent resident (LPR) status because the respondent, who stated that she has been diagnosed with *** cancer, worked without authorization after overstaying the temporary visa on which she originally entered the country. The decision was written by Member David Holmes. 
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further proceedings because the immigration judge failed to address whether the FBI rap sheet used to establish the respondent's alienage was properly authenticated. The decision was written by Member Michael Creppy. 
In this unpublished decision, the Board of Immigration Appeals (BIA) found the immigration judge erred in denying a request for voluntary departure as a matter of discretion where the respondent's lengthy period of residence and strong family ties outweighed his convictions for driving under the influence and possession of a controlled substance. The decision was written by Member Sharon Hoffman and joined by Member Elise Manuel and Vice Chairman Charles Adkins-Blanch.
In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an in absentia removal order because the Notice to Appear (NTA), which was issued on November 20, 1997, ordered the respondent to appear for a hearing on February 24, 1997. The decision was written by Member John Guendelsberger and joined by Member Sharon Hoffman and Elise Manuel. 
In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent failed to satisfy his burden of proof in establishing derivative citizenship under former Section 321(a)(3) of the INA because evidence in the record indicated that he was legitimized by his father prior to his mother's naturalization. The decision was written by Member Roger Pauley.
In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent's appeal after finding the immigration judge erred in placing the burden on the respondent to show he did not abandon his lawful permanent resident (LPR) status; made a clearly erroneous adverse credibility determination; and erred in concluding the respondent abandoned his status by signing Form I-407 and was admitted as a temporary resident by receiving an I-551 stamp. The decision was written by Member Teresa Donovan and joined by Member Roger Pauley and Member Linda Wendtland.
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings due to ineffective assistance of counsel because the respondent's prior counsel failed to seek review of USCIS' denial of Form I-751, Petition to Remove the Conditions of Residence, and failed to present evidence that a claim of U.S. citizenship on an application to the University of Nevada, Reno was not for any purpose or benefit under Nevada law. The decision was issued by Member Neil Miller. 
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