BIA Unpubs, Nov. 25-26, 2013

BIA Unpubs, Nov. 25-26, 2013

From Ben Winograd and IRAC:

"The last decision (on the NACARA material support bar) is particularly helpful.

Juan Roberto Guzman, A044 466 955 (BIA Nov. 25, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia because the Department of Homeland Security (DHS) failed to serve a copy of its appeal notice when challenging a prior decision terminating proceedings against the respondent. The decision was written by Member Elise Manuel and joined by Vice Chairman Charles Adkins-Blanch and Member Sharon Hoffman. 

Jose H. Hernandez, A094 054 192 (BIA Nov. 25, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) returned the record to the immigration court after the Department of Homeland Security (DHS) withdrew an appeal of a decision finding the respondent eligible for Temporary Protected Status (TPS). The ruling below, by Immigration Judge Earle Wilson, found that traffic offenses in Georgia did not constitute “misdemeanors” for federal immigration purposes even though they are recognized as misdemeanors for state law purposes. The Board’s decision was issued by Member David Holmes. 

Rainiere Antonio De La Cruz Brito, A060 135 193 (BIA Nov. 26, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) granted a joint motion to terminate proceedings and stated that the respondent was not removable as charged because he filed a direct appeal of the sole conviction listed in the Notice to Appear. The decision was written by Member Edward Grant. 

Hiep Thanh Nguyen, A073 306 230 (BIA Nov. 26, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reversed the denial of an application for adjustment of status upon finding the respondent, who was paroled into the country prior to April 1, 1997, was improperly classified as an “arriving alien.” The Board also found the respondent could renew his application in removal proceedings because it had previously been denied by USCIS. The decision was written by Member Sharon Hoffman and joined by Vice Chairman Charles Adkins-Blanch and Member John Guendelsberger. 

Jayesh K. Patel, A074 905 185 (BIA Nov. 26, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the Third Circuit, remanded the record for further consideration of the respondent’s motion to reopen an order of removal issued in absentia. The Board found that it was not empowered to review in the first instance allegations in an affidavit submitted by the respondent that the immigration judge had not previously considered. The decision was written by Vice Chairman Charles Adkins Blanch. 

Jose Luis Gonzales, A029 158 835 (BIA Nov. 26, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) denied a DHS appeal and upheld a grant of special rule cancellation under the Nicaraguan Adjustment and Central American Relief Act (NACARA). The Board found that the respondent, who owned a small supply store while living in Guatemala, did not provide “material support” to guerillas who repeatedly stole food from his store while holding him at gunpoint. The decision was written by Member Roger Pauley."