Fresher BIA Unpubs

Fresher BIA Unpubs

From Ben Winograd and the Immigrant & Refugee Appellate Center:

Omar Antonio Velasquez-Aguirre, A099 477 431 (BIA July 22, 2013) - In this unpublished decision, the Board of Immigration Appeals reconsidered sua sponte its prior rulings upholding the entry of an order of removal in absentia and remanded the case for further consideration. The Board stated that both it and the immigration judge had erroneously characterized statements submitted by the respondent and his sister as unsworn, when in fact they were signed under penalty of perjury. The decision was written by Member Neil Miller.

Miguel Vazquez Nino, A200 676 857 (BIA July 22, 2013) - In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia and reopened proceedings where it was undisputed that the hearing notice was returned as undeliverable despite being sent to the correct address. The decision was written by Member Sharon Hoffman and joined by Member Elise Manuel and Member John Guendelsberger.
Luis Alberto Lopez-Romero, A074 268 627 (BIA July 22, 2013) - In this unpublished decision, the Board of Immigration Appeals (BIA) upheld a finding that the respondent was convicted of an aggravated felony under Section 101(a)(43)(G) of the INA despite the entry of a post-sentencing order clarifying that the respondent was sentenced to ten years of probation rather than confinement. The decision was written by Member Roger Pauley.
Ignacio Javier Perez-Hernandez, A092 259 726 (BIA July 18, 2013) - In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte after the respondent's criminal conviction was vacated under Cal. Penal Code 1016.5 because he was not advised of the potential immigration consequences prior to entering a guilty plea. The decision was written by Member Neil Miller.