BIA Unpubs, Dec. 13-17, 2013

BIA Unpubs, Dec. 13-17, 2013

From Ben Winograd and IRAC:

"Salvador Espinoza Gonzalez, A021 576 036 (BIA Dec. 13, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings following a Ninth Circuit decision finding Arizona sexual abuse not to be a categorical aggravated felony under Section 101(a)(43)(A) of the INA, and that the modified categorical approach could not be employed under Descamps v. United States, 133 S. Ct. 2276 (2013).  The decision was written by Member David Holmes. 

Merton David Lopez, A091 085 417 (BIA Dec. 13, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion for continuance pending the adjudication of a Form I-130 that would allow him to apply for a waiver under Section 212(h) of the INA. The Board stated that immigration judge did not meaningfully consider the factors listed in Matter of Hashmi, 24 l&N Dec. 785 (BIA 2009), but rather observed that waivers under Section 212(h) of the INA are not typically granted for persons convicted of robbery and that the respondent may not merit favorable exercise of discretion. The decision was written by Member Roger Pauley. 

Kamleshwar Prasad, A099 681 885 (BIA Dec. 13, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the denial of the respondent’s motion to reopen upon finding the April 30, 2001, deadline to establish eligibility under Section 245(i) of the INA was not subject to equitable tolling due to ineffective assistance of counsel. The decision was written by Member Anne Greer. 

Esau Lara, A097 322 982 (BIA Dec. 16, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the denial of an application for Temporary Protected Status (TPS) upon finding the respondent could not benefit from the imputation of his mother’s residence and presence in the United States. The decision was written by Member Hugh Mullane. 

Juan Espinoza-Torres, A200 978 484 (BIA Dec. 16, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) granted a DHS motion to reopen and terminate proceedings pursuant to 8 CFR 239.2(c) as an exercise of prosecutorial discretion. The decision was issued by Member Molly-Kendall Clark. 

Ahmed Nadeem Malik, A092 006 532 (BIA Dec. 17, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) vacated an order granting a DHS motion to terminate proceedings where the respondent, who wished to challenge the rescission of his lawful permanent resident (LPR) status by USCIS, opposed the motion and the immigration judge cited no valid basis for terminating proceedings.  The decision was written by Member Michael Creppy and joined by Member Ellen Liebowitz and Member Hugh Mullane. 

Jorge Antonio Haro Pena, A095 727 770 (BIA Dec. 17, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) vacated the denial of a motion to reopen in absentia order upon finding the immigration judge may have improperly applied a “per se” rule that automotive difficulties do not constitute exceptional circumstances justifying the failure to appear. The decision was written by Member Edward Grant."