BIA Unpubs, Nov. 14-18, 2013

BIA Unpubs, Nov. 14-18, 2013

From IRAC and Ben Winograd:

"Jose Antonio Soto Moran, A078 744 043 (BIA Nov. 14, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) vacated the denial of the respondent’s request for administrative closure and remanded for consideration of his application for adjustment of status after his priority date for an employment-based visa became current while his appeal was pending. The decision was written by Member Edward Grant.

Martin Gerardo Velasco-Garcia, A089 850 114 (BIA Nov. 14, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s eligibility for voluntary departure because the immigration judge did not consider his length of residence in the country, his marriage to U.S. citizen, or a child who was five months old at the time of the hearing. On remand, the Board also directed the immigration judge to determine whether to administratively close proceedings to permit the respondent, who had previously been arrested for theft and driving under the influence, to seek a provisional unlawful presence waiver (Form I-601A). The decision was written by Member Edward Grant.

Enrique Manuel Vasquez-Perez, A095 802 066 (BIA Nov. 14, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reconsidered its prior decision sua sponte over the DHS opposition and reversed the discretionary denial of the respondent’s application for adjustment of status upon finding his positive equities were not outweighed by a single conviction for driving under the influence. The decision was written by Member Neil Miller.

Stefano Raul Lissia, A093 144 363 (BIA Nov. 15, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the Ninth Circuit, vacated its prior decision and remanded for further consideration of a claim that respondent’s prior attorney provided ineffective assistance of counsel by failing to explain the consequences of waiving his right to appeal the immigration judge’s decision. The Board stated that because the respondent did not contest the validity of his appeal waiver in his previous appeal, it lacked jurisdiction to consider the motion. The decision was written by Member David Holmes.

Susana Rivero-Godoy, A024 718 991 (BIA Nov. 18, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent’s motion to reconsider and remanded for further proceedings upon finding that both the immigration judge and the Board neglected to address the respondent’s argument that her Florida convictions for assault and grand theft were not crimes involving moral turpitude. The decision was written by Member David Holmes.

Marten Lorenzo Ventura-Arias, A057 144 173 (BIA Nov. 18, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings after the respondent was permitted to withdraw a guilty plea to cocaine trafficking due to evidence that the chemist who tested samples in the respondent's criminal case had been accused of misconduct. The decision was written by Member David Holmes."