BIA Unpubs, Dec. 30-31, 2013

BIA Unpubs, Dec. 30-31, 2013

From Ben Winograd

"Jose Manuel Isabel Diaz, A205 500 422 (BIA Dec. 30, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) held that the phrase “reason to believe” in INA 212(a)(2)(C) was akin to “probable cause,” and that the respondent was properly deemed inadmissible as a suspected drug trafficker based on allegations that he was involved in a street level drug transaction and his invocation of the Fifth Amendment. The decision was written by Member Edward Grant. 

Jozef Szypulski, A099 030 552 (BIA Dec. 30, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for an evidentiary hearing to determine the factual basis for the respondent’s nonreceipt of the hearing notice. The Board noted that the record reflected that both the Notice to Appear (NTA) and order of removal issued in absentia were were returned as undeliverable.The decision was written by Member Edward Grant. 

Javed Anwar, A077 044 013 (BIA Dec. 30, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the denial of the respondent’s application for adjustment of status under INA 245(i) on grounds that his labor certification application (LCA), which was not filed in the state where the petitioning employer was located, was improperly filed. The decision was written by Member Edward Grant. 

Adrian Phillip Moncrieffe, A038 581 600 (BIA Dec. 30, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA), on remand from the Fifth Circuit, remanded the record to allow the respondent to apply for cancellation of removal in accordance with the Supreme Court's decision in his case, Moncrieffe v. Holder, 133 S.Ct. 1678 (2013). The decision was written by Member John Guendelsberger. 

Juan Luis Avalos-Avalos, A205 834 943 (BIA Dec. 31, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) returned the record for entry of a new decision based on the respondent’s motion to reopen to permit him to apply for a Provisional Unlawful Presence Waiver (Form I-601A) or Deferred Action for Childhood Arrivals (DACA).  The decision was written by Member Sharon Hoffman and joined by Member John Guendeslberger and Vice-Chairman Charles Adkins-Blanch. 

Jose Luis Gutierrez-Guzman, A205 716 539 (BIA Dec. 31, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) granted the motion to reconsider and remanded for further proceedings upon finding it previously erred in concluding the respondent had not demonstrated prima facie eligiblity for U nonimmigrant status. The decision was written by Member Molly Kendall-Clark. 

Ramon Octavio Bustillo-Delarca, A077 400 623 (BIA Dec. 31, 2013) In this unpublished decision, the Board of Immigration Appeals (BIA) granted a joint motion to reopen sua sponte the proceedings at which the respondent was removed in absentia in light of the totality of the circumstances presented in the case. The decision was written by Member John Guendelsberger."