BIA Unpubs, Dec. 9-12, 2013

"Victor Rosel, A098 194 325 (BIA Dec. 9, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) upheld a finding that New York criminal possession of controlled substance with intent to sell is a drug trafficking aggravated felony under Pascual v. Holder, 723 F.3d 156 (2d Cir. 2013). The Board also found good cause did not exist for a continuance because the respondent did not present evidence that his motion for post-conviction relief "would be adjudicated in the foreseeable future." The decision was written by Member Edward Grant. 

Rut Betania Castillo de Figueroa, A095 982 111 (BIA Dec. 11, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) upheld a finding that the respondent made a false claim to U.S. citizenship by accompanying a woman to a location where her photo was taken for a false state identification card, and watching the same woman complete a Form I-9 with a U.S. birth certificate issued in the same name that appeared on the card. The decision was written by Member Ana Mann. 

Julio Cesar Melgar-Quijano, A094 857 498 (BIA Dec. 12, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA), on remand from the Fifth Circuit, remanded the record for further consideration of the respondent's eligibility for Temporary Protected Status (TPS) in light of its decision in Matter of Figueroa, 25 I&N Dec. 596 (BIA 2011), and to consider whether the application is governed by the provisions of the REAL ID Act of 2005. The decision was written by Member Molly Kendall-Clark.

Yakov Grigorievich Drabovskiy, A028 158 230 (BIA Dec. 12, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the denial of the respondent’s motion to reopen but remanded the record because the immigration judge never adjudicated two prior motions to reopen, one of which alleged changed county conditions in Russia. The Board stated that in light of the passage of time, the respondent should be permitted to update the record with material evidence not available at his last removal hearing in 2007, and to present an asylum application. The decision was written by Member Edward Grant.

Erick Cruz Bermejo, A205 497 572 (BIA Dec. 12, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of a request for a continuance pending the adjudication of a petition for U nonimmigrant status where a law enforcement agency executed the required certification while the appeal was pending. The decision was written by Vice Chairman Charles Adkins Blanch."