BIA Unpubs, Dec. 3-6, 2013

BIA Unpubs, Dec. 3-6, 2013

From Ben Winograd at IRAC:

"Juan Quiroga-Briones, A028 323 575 (BIA Dec. 3, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of whether the respondent’s conviction under Texas Health and Safety Code 481.112(d) is a drug trafficking aggravated felony where he was charged in the indictment with possession of cocaine with intent to deliver, but the judgment of conviction was limited to manufacture/delivery of a controlled substance. The decision was written by Member Roger Pauley.

Arya Etedali, A095 686 160 (BIA Dec. 4, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the Ninth Circuit, acknowledged that its previous decision erroneously found that the immigration judge adequately advised the respondent that he was required to submit proof of posting a voluntary departure bond to the Board within 30 days of filing his appeal. The Board remanded for the granting of a new voluntary departure period and the issuance of the proper advisals. The decision was written by Molly Kendall-Clark.

Ruben Aviles-Diaz, A097 869 352 (BIA Dec. 5, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) held that a certification from a Department of Homeland Security officer that he downloaded criminal records from the Public Access to Court Electronic Records (“PACER”) database was sufficient to authenticate them. The Board stated that the methods of authentication described in INA 240(c)(3)(C) and 8 C.F.R. 1003.41 were “safe harbors,” not mandatory and exclusive. The decision was written by Member John Guendelsberger and joined by Member Neil Miller and Member Garry Malphrus.

Salvador Vaca-Bueno, A072 956 700 (BIA Dec. 5, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the immigration judge neglected to determine whether the respondent, who was convicted of a controlled substance offense under Cal. Health & Safety Code 11364.1(a), qualified for the personal use of marijuana exception. The decision was written by Member Roger Pauley.

Everline Gesare Nyabwari, A097 683 208 (BIA Dec. 5, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) upheld a prior decision finding the Department of Homeland Security (DHS) did not meet its burden of showing the respondent was deportable under INA 237(a)(3)(D) based on her checking a box on Form I-9 declaring her to be a “citizen or national” of the United States, but finding her ineligible for adjustment of status because she did not bear her burden of showing she did not falsely claim citizenship to obtain a benefit under the INA. The decision was written by Member Neil Miller.

Chia Hsu Kuo, A095 151 004 (BIA Dec. 3, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the Sixth Circuit, terminated proceedings after reversing its prior determination that the Department of Homeland Security satisfied its burden of proving by “clear, unequivocal, and convincing” evidence that the respondent abandoned his status as a lawful permanent resident. The decision was written by Member Molly Kendall-Clark.

Leonel Amador Aguilar-Morales, A088 091 744 (BIA Dec. 6, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) vacated the denial of the respondent’s request for a continuance because the immigration judge who presided over his previous hearing did not indicate that he was required to bring witnesses to his next hearing to testify in support of his adjustment application. The decision was written by Member John Guendelsberger and joined by Vice Chairman Charles Adkins-Blanch and Member Elise Manuel."