BIA Unpubs, Nov. 19-22, 2013

BIA Unpubs, Nov. 19-22, 2013

From Ben Winograd and IRAC:

"Jose Mauricio Diaz, A029 012 746 (BIA Nov. 19, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings and remanded the record for further consideration of whether second degree assault under Md. Code Ann., Crim. Law 3-203, is crime of violence aggravated felony in light of the intervening decisions in Karimi v. Holder, 715 F.3d 561 (4th Cir. 2013), and Descamps v. United States, 133 S.Ct. 2276 (2013). The decision was written by Member Molly Kendall-Clark.

Emerita Casilla Nunez, A042 893 719 (BIA Nov. 20, 2013) In this unpublished decision, the Board of Immigration Appeals upheld the termination of proceedings upon finding third degree theft under Alaska Statutes Annotated § 11.46.140(a)(1) is not a crime involving moral turpitude because the statute was divisible and nothing in the record of conviction established that the respondent possessed an intent to permanently deprive the owner of the property. The decision was written by Member Patricia Cole.

Ivan Meza-Jurado, A200 821 185 (BIA Nov. 21, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) administratively closed proceedings with the non-opposition of the Department of Homeland Security after the respondent was granted relief under the Deferred Action for Childhood Arrivals (DACA) program. The decision was issued by Member Sharon Hoffman.

Gabriel Octavio Arellan, A043 944 603 (BIA Nov. 22, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reversed a finding that the respondent was inadmissible under Section 212(a)(6)(C)(i) of the INA upon determining that the evidence in the record did not demonstrate that the respondent intentionally failed to disclose a criminal conviction on an immigrant visa petition. The decision was written by Member Sharon Hoffman and joined by Member Guendelsberger and Member Elise Manuel.

Calfus Wentworth Drummond, A075 443 280 (BIA Nov. 22, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for consideration of the respondent’s application for cancellation of removal following the decision in Donawa v. U.S. Attorney General, No. 12-13526 (Nov. 7, 2013), finding that possession of marijuana with intent to sell under Fla. Stat. 893.13(1)(a)(2) is not a categorical drug trafficking aggravated felony. The decision was written by Member John Guendelsberger."