BIA Unpubs, Dec. 18-27, 2013

BIA Unpubs, Dec. 18-27, 2013

From Ben Winograd at IRAC:

"Carlos Quitanilla-Chicas, A200 234 259 (BIA Dec. 18, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for de novo proceedings in light of the absence of an oral or written decision and the immigration judge’s apparent failure to advise the respondent of his rights on the record. The decision was written by Member David Holmes. 

Ivan Hernandez Trujillo, A088 333 112 (BIA Dec. 19, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings sua sponte in light of evidence the respondent acquired U.S. citizenship by naturalization. The decision was written by Member David Holmes. 

Jose Eustate, A047 128 564 (BIA Dec. 20, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to reopen an in absentia removal order in light of evidence submitted on appeal indicating that his underlying criminal conviction had been vacated. The decision was written by Member Edward Grant. 

Emmanuel Amparo Abreu, A087 287 722 (BIA Dec. 24, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the Third Circuit, upheld the denial of a motion to reopen filed by a respondent who had been removed during the pendency of the appeal. The Board stated that in light of the position of both parties, it would not consider whether a lawful removal during the pendency of an appeal constitutes a "departure" under 8 CFR 1003.4. The decision was written by Member Kendall-Clark and joined by Member David Holmes and Member Ellen Liebowitz. 

Ismael Daggy Ibrhaim, A205 009 375 (BIA Dec. 26, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to reopen proceedings in which he was ordered removed in absentia. The Board found that the immigration judge’s hand-written order, which stated that the “court concurs with the position of DHS,” did not provide a meaningful basis for appellate review. The decision was written by Member Sharon Hoffman. 

Mickael Christian Martin, A076 549 309 (BIA Dec. 27, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) upheld a finding that the respondent did not retract a false claim to U.S. citizenship “voluntarily and without delay” in light of evidence indicating the retraction only occurred after he was confronted with evidence that he was a citizen of France. The decision was written by Member Roger Pauley."