A Fresh Batch of BIA Unpubs

A Fresh Batch of BIA Unpubs

Ben Winograd writes: "Here's the batch from Sept. 16-20 (the last two are the best of the bunch):

Marcelo Castorena-Alonso, A205 866 201 (BIA Sept. 17, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the Immigration Judge denied voluntary departure solely on the basis of a marijuana conviction (evidence of which was not in the record) and did not consider any of the respondent's favorable equities. The decision was written by Member Elise Manuel. 

Cesar Medrano-Arias, A201 071 535 (BIA Sept. 17, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) granted a joint motion to administratively close proceedings for one respondent, who was the beneficiary of a pending visa petition, but upheld the denial of a motion for a continuance for another respondent, who did not qualify for any independent relief. The decision was written by Member Edward Grant. 

Carlos Eenesto Valle Iglesias, A043 995 062 (BIA Sept. 18, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings following a stipulation from both parties after a remand from the Second Circuit that the respondent's conviction underlying both grounds of removability was vacated based on ineffective assistance of counsel. The decision was written by Member David Holmes. 

Glendon A. White, A024 619 428 (BIA Sept. 19, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) sustained a DHS appeal and remanded the record where the Immigration Judge did not fully explain her conclusion that the Record of Sworn Statement (Form I-877) was insufficient to establish removability. The decision was written by Member Hugh Mullane and joined by Member Ellen Liebowitz and Member Michael Creppy. 

Phillip Andrew Murray, A055 213 731 (BIA Sept. 20, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for reconsideration of whether second degree assault under Md. Code Ann. Crim. Law 3-203 is a crime of violence aggravated felony in light of the respondent's argument that the statute is not divisible under the intervening decisions in Descamps v. United States, 133 S.Ct. 2276 (2013), and Karimi v. Holder, 715 F.3d 561 (4th Cir. 2013). The decision was written by Member Anna Mann and joined by Member Hugh Mullane and Member Michael Creppy. 

Salvador Hernandez-Garcia, A097 472 829 (BIA Sept. 20, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that resisting arrest under Cal. Penal Code 69 is not a categorical crime involving moral turpitude and that the statute is not divisible under Descamps v. United States, 133 S.Ct. 2276 (2013), because neither the threat of use of deadly force nor injury to the victim is an element of the offense. The decision was written by Member Roger Pauley and joined by Member Anne Greer. Member Garry Malphrus dissented without opinion."