LexisNexis® Legal Newsroom
Unpub. BIA Sua Sponte Administrative Closure

David Estudillo writes: "Attached is a decision I just received from the BIA . To my surprise, the BIA on its own decided to admin close the appeal. On several prior occasions I asked Chief Counsel’s office to admin close the case, but it refused. (The client had 2 DUIs, and numerous other...

Unpub. BIA Asylum Remand Victory; China

"Upon our de novo review, we will reverse the Immigration Judge's conclusion that the harm the lead respondent experienced does not rise to the level of persecution. ... We will remand for the Immigration Judge to allow the Department of Homeland Security (DHS) an opportunity to rebut the presumption...

Groundbreaking Unpub. BIA Decision for Juveniles and SIJS in Georgia

Charles Kuck writes - "On June 1, 2015, Kuck Immigration Partners, through our amazing associate attorney Anna Erwin , received a groundbreaking (but as of yet unpublished) decision from the Board of Immigration Appeals . The Board reversed the decision of the Atlanta Immigration Judge to deport...

IRAC Releases June 2015 Update to Index of Unpublished BIA Decisions

"The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2015 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through June 11, 2015. Among other newly added cases, the Index now contains decisions: •...

Unpub. BIA Termination (Interlocutory Appeal!) Victory - Matter of Hernandez

"We will entertain this appeal and vacate the Immigration Judge's order insofar as that order denied the parties' joint motion to terminate the proceedings. The Immigration Judge correctly stated that he is required to adjudicate a motion to terminate on the record and pursuant to the regulations...

Unpub. BIA Cancellation Victory, Charlotte, NC

Disha Chandiramani writes: "[ Here is a] decision I received from the Board reversing an IJ in North Carolina and granting Non-LPR Cancellation of Removal. The IJ initially denied cancellation. The respondent appealed and the Board remanded to the IJ for reconsideration and for a decision on whether...

IRAC Releases August 2015 Update to Index of Unpublished BIA Decisions

"The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2015 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through August 11, 2015. Among other newly added cases, the Index now contains decisions: •...

Unpub. BIA Asylum Remand Victory; Iraq, Social Group, Immutability

"In the instant case, the Immigration Judge found that the respondent's proposed social group lacks an immutable characteristic. However, the past experience of having cooperated or worked with Americans or American entities or organizations is, by its very nature, immutable. In addition, the...

IRAC Releases September 2015 Update to Index of Unpublished BIA Decisions

IRAC, Sept. 16, 2015 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2015 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through August 11, 2015. Among other newly added cases, the Index now contains...

Unpub. BIA Exceptional Circumstances Sua Sponte Reopening Victory

Raed Gonzalez writes: "This client was ordered removed in absentia in 2001. In 2014, a lawyer filed a motion to reopen asserting lack of notice. The lawyer filed a patently deficient one-paragraph motion to reopen. When this motion was denied, we filed an appeal of the denial of the motion to reopen...

Unpub. BIA Cancellation, Agg. Fel., Categorical Approach Victory in Michigan

Russell Abrutyn writes: "[Here are] two BIA decisions for a client of ours that may be of interest to your readers. The first decision is the BIA's decision reopening the Respondent's removal proceedings and the second is the BIA's decision affirming a grant of relief . The Respondent...

IRAC Releases October 2015 Update to Index of Unpublished BIA Decisions

IRAC, Oct. 22, 2015 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2015 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through October 14, 2015. Among other newly added cases, the Index now contains...

Unpub. BIA Cancellation Remand - Detroit

Russell Abrutyn writes: "The BIA granted a second motion to reopen and remanded for further consideration of the respondent's eligibility for cancellation of removal as a permanent resident. In reopening, the BIA noted the ineffective assistance of counsel the respondent received, the abuse...

Unpub. BIA Asylum Victory Extends Matter of A-R-C-G-

Stephen W. Yale-Loehr , Professor of Immigration Law Practice, Cornell Law School, writes: "[ Linked here ] is a redacted version of a recent [18 Dec 2015] BIA asylum victory that my colleague Sital Kalantry and two Cornell law students litigated. The case involves a woman from El Salvador who was...

IRAC Releases 2016 Edition of Index of Unpublished BIA Decisions

IRAC, Jan. 13, 2016 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the 2016 edition of its Index of Unpublished Decisions of the Board of Immigration Appeals . The Index contains links to more than 1,000 unpublished BIA decisions selected for their potential to assist...

Geoffrey Hoffman on Unpub. BIA Victory for Cornell Law Students

Geoffrey Hoffman, Feb. 2, 2016 - "The three interlocutory appeals of denials of law student appearances filed on behalf of Cornell Law School ’s clinical programs were successfully granted by the Board of Immigration Appeals (BIA). I would like to take a moment to pause and reflect on this...

Unpub. BIA Agg. Fel. Victory - Matter of Rodriguez-Trinidad

IRAC - "In this unpublished decision, the Board of Immigration Appeals (BIA) held that possession of marijuana with intent to distribute under 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony because there exists a reasonable probability that the statute would apply to the distribution...

Unpub. BIA Asylum Victory: Honduras, Domestic Violence, Social Group

Christina Brown writes, "[Here is an] unpublished BIA decision granting asylum on an A-R-C-G- claim for an unmarried woman in a short term relationship. If you need any additional information, including facts about the case, please do not hesitate to contact me." The Law Office of Christina...

Unpub. BIA Asylum Remand: Social Group; Nexus; Mexico

Matter of X-, Apr. 18, 2016, unpub . - "[A]nalysis is also required as to the issues of particular social group cognizability and nexus. The proposed social group in this case is "working class, single women in Michoacan." ... we conclude 'that a remand is warranted for further proceedings...

Cornell Asylum Clinic Wins BIA Remand for Somali (unpub., May 25, 2016)

Stephen W. Yale-Loehr, Professor of Immigration Law Practice, Cornell Law School , and Co-Author, Immigration Law & Procedure Treatise , writes: "My colleague Estelle McKee and two students (Jamie Long and Melvin Wu) just won a remand from the BIA in an appeal by a Somali (Mr. D-) who had suffered...

IRAC Releases June 2016 Update to Index of Unpublished BIA Decisions

IRAC, June 22, 2016 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2016 edition of the Index of Unpublished BIA Decisions , which now contains decisions issued through June 9, 2016. Among other newly added cases, the Index now contains...

Unpublished BIA Victory in Religious Persecution Case - Benin

Cornell Law Prof. Steve Yale-Loehr writes: "Krsna Avila and Yanet Cordero, two of our students in the Cornell asylum appeals clinic, just won a remand from the BIA in a case involving religious persecution in Benin. The case involved a man who converted from Voudon (also known as Voodoo) to Christianity...

Unpub. BIA 212(c) Remand (Date of Conviction)

Mario R. Urizar writes: "We asked for a three panel member decision and oral argument to review INA 212(c) eligibility under Matter of Abdelghany as it applies to individuals with convictions after trial. Specifically, under the ineligibility language of IMMACT90, i.e., to "applicant[s] [who...

Unpub. BIA Asylum Remand; El Salvador; Domestic Violence; One-Year Bar

Prof. Lindsay M. Harris writes : "I write to share a positive decision from the BIA for a mother from El Salvador fleeing domestic violence. It may be helpful on the one-year filing deadline and immigration court backlogs, particular social group, nexus, and "ability to leave." Here is...

Unpub. BIA Asylum Victory, 1-Year Filing Deadline

Matter of X-, June 14, 2016 - "[W]e conclude that the respondent filed her asylum application within a reasonable period of her seeking and receiving mental health services that treated her PTSD symptoms, specifically the avoidance that affected her ability to apply for asylum. Ultimately, we conclude...