BIA Unpubs, Nov. 13, 2013

BIA Unpubs, Nov. 13, 2013

"Jose Antonio Monjazar-Fernandez, A200 611 977 (BIA Nov. 13, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) found that the underlying proceedings were fundamentally unfair where the respondent, who was charged with being present without having been admitted or paroled, presented a copy of the visa on which he entered the country, the government presented no evidence to contest his assertion, and the Immigration Judge failed to ask the government if it had any record of the respondent's admission.  On remand, the Board stated that the respondent must receive an opportunity to obtain full access to his records under Section 240(c)(2) of the INA. The decision was written by Vice Chairman Charles Adkins-Blanch and joined by Member Sharon Hoffman and Member Elise Manuel.

Francisco Navarro-Acosta, A077 173 541 (BIA Nov. 13, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent’s motion to reissue its prior decision due to the fact that the respondent did not receive a copy of the decision. The decision was issued by Member Molly Kendall-Clark.

Hiliario Cisneros-Sanchez, A079 791 113 (BIA Nov. 13, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record where the respondent’s attorney admitted to having failed to file his adjustment application by the court-imposed deadline and ineffective assistance of counsel was plain on the face of the record The decision was written by Member Edward Grant and joined by Vice Chairman Charles Adkins-Blanch and Member John Guendelsberger.

Juan Rafael Santos, A074 191 655 (BIA Nov. 13, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) upheld a finding that maintaining a vehicle/dwelling/place for marijuana under North Carolina General Statute 90-108(a)(7) is an offense relating to a controlled substance under Section 237(a)(2)(B)(i) of the INA. The Board further found that the immigration judge was permitted to consult the conviction documents under Matter of Davey, 26 I&N Dec. 37 (BIA 2012), in determining that the respondent did not qualify for the exception a single offense involving possession of 30 grams or less of marijuana for personal use. The decision was written by Member John Guendelsberger."

- Thanks as always to Ben Winograd and IRAC!