Some Fresh BIA Unpubs

Some Fresh BIA Unpubs

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In this unpublished decision, the Board of Immigration Appeals (BIA) denied a DHS appeal and upheld the termination of proceedings after finding it could not look outside the record of conviction to determine whether one of the respondent's convictions for aggravated DUI under Ariz Rev. Stat. 28-1383(A)(1) qualified as a crime involving moral turpitude in light of the recent decision in Olivas-Motta v. Holder, 716 F.3d 1199 (9th Cir. 2013), which prevents the consideration of evidence under the ''third step" of Matter of Silva-Trevino, 24 l&N Dec. 687 (A.G. 2008). The decision, which was written by Member Roger Pauley, upheld a lengthy decision by Immigration Judge Michael O'Leary of the Tucson Immigration Court. 

Ohene Bobie Nimako, A099 311 604 (BIA July 19, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the case for further consideration of the respondent's request for a continuance where the immigration judge did not address the argument that USCIS erroneously denied Form I-130 based on a purported lack of request for bona fide marriage exemption, and where the USCIS website states the visa petition is currently pending. The decision was written by Member Elise Manuel.

Francisco Ruiz-Witchar, A087 951 655 (BIA July 17, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings to permit the respondent to apply for adjustment of status based on a pending visa petition filed by his spouse. The decision was written by Member David Holmes.
____________