LexisNexis® Legal Newsroom
Unpub. BIA on U Visa, 'Admission' - Matter of Garnica Silva

Matter of Garnica Silva, A098 269 615 (BIA June 29, 2017, unpublished) - "[A]n alien granted U nonimmigrant status through stateside processing has been "admitted" to the United States as a lawful temporary resident, even if he never made an "entry" within the meaning of section...

Unpub. BIA 2 CIMT Victory: Matter of Lopez Leal

Houston superstar (and former AILA President) Peter Williamson shared this recent unpublished BIA victory . "[W]e conclude that the 2013 conviction for simple assault is not categorically a CIMT and the DHS has not established removability based on two CIMTs. Therefore, termination was proper."

Unpub. BIA CIMT Victory re 18 USC 491, Mens Rea, 'Reason to Believe' - (Oct. 30, 2017)

David Isaacson writes: "[Here is] a recent unpublished BIA decision I thought your readers might find interesting, in which the BIA held that our client’s 1999 conviction under 18 USC 491, Tokens or Paper Used as Money, did not render him inadmissible as a returning Lawful Permanent Resident...

Unpub. BIA Asylum Victory, Somalia: Matter of K-D-H- (Oct. 5, 2017)

Matter of K-D-H- (Oct. 5, 2017, unpub.) Please read the attached IJ decision. No surprise to those of us in the trenches, but perhaps a wake-up call to those who think the asylum system is easy. Hats off to Marty Rosenbluth !

Unpub. BIA Cancellation Victory; Unfounded 'Gang Member' Allegation

Matter of X-, Nov. 15, 2017, unpub . [Hats off to James G. Martin !]

Unpub. BIA Remand; Westernized Somali; Al-Shabaab (Dec. 5, 2017)

Kim Hunter writes: "Respondent, a Somali national, moved for reopening of his 2003 removal order, arguing that: 1) he was eligible for asylum, withholding, and CAT due to changed country conditions; 2) he was eligible for readjustment of status through a qualifying immediate relative; 3) his underlying...

Unpub. BIA CIMT Termination Victory (Dec. 6, 2017)

"On de novo review, we are not persuaded by the DHS's appellate arguments to disturb the Immigration Judge's decision to terminate these removal proceedings. We agree with the Immigration Judge's conclusion, as set forth in his well-reasoned decision, that applying the precedent decisions...

Unpub. BIA Nicaraguan CAT Victory (Dec. 1, 2017)

"The applicant, a native and citizen of Nicaragua, appeals from an Immigration Judge's decision, dated June 8, 2017, denying his application for deferral of removal under the Convention Against Torture (Convention), 8 C.F.R. § 1208.17. The Department of Homeland Security (DHS) has not responded...

Unpub. BIA CIMT Termination Victory; Mens Rea, Divisibililty - TEX. CODE CRIM. PROC. § 62.102

Matter of X-, Jan. 5, 2018, unpub. - "[W]e conclude that the respondent's conviction for Failure to Comply with Registration Requirements does not constitute a conviction for a crime involving moral turpitude. ... Given the mental state which is simply "read into" the statute, the...

Unpub. BIA Guatemalan Asylum Victory (Dec. 27, 2017)

Camiel Becker writes: " I am writing to share a recent BIA win by Becker & Lee LLP attorney Melissa Phatharanavik . The case involves a Guatemalan man who was granted withholding of removal due to police corruption in Guatemala. An Immigration Judge in San Francisco granted withholding but denied...

Unpub. BIA Equitable Tolling Victory: Matter of Lugo-Resendez (Dec. 27, 2017)

Jodi Goodwin writes: "Thought you all would be interested in the attached unpublished BIA decision in which the Board (Pauley) follows the Fifth's decision in Lugo-Resendez. [ Lugo-Resendez v. Lynch , 831 F.3d 337 (5th Cir. 2016)] As background, the case was remanded to the IJ for the initial...

IRAC Releases 2018 Edition of Index of Unpublished BIA Decisions

IRAC, Jan. 25, 2018 - "The Immigrant & Refugee Appellate Center, LLC, is pleased to release the 2018 edition of its Index of Unpublished Decisions of the Board of Immigration Appeals . The Index now contains links to more than 2,000 unpublished BIA decisions selected for their potential to assist...

Unpub. BIA Withholding Victory (Jan. 26, 2018)

Prof. Linus Chan writes: "The case involved a person who was granted withholding a number of years back and who left to go to Canada in order to see if he can get asylum and sponsor his family to join him. When his Canadian efforts were unsuccessful he came back to the US, was caught and put into...

Unpub. BIA Pardon Remand Victory, Alabama (Jan. 29, 2018)

Matter of X-, Jan. 29, 2018, unpub . - "The Board entered the final administrative decision on July 19, 2017, dismissing the lawful permanent resident respondent's appeal of the Immigration Judge's decision pretermitting his cancellation of removal application and ordering him removed to...

Unpub. BIA Victory re Ineffective Assistance, Equitable Tolling (Feb. 12, 2018)

CLINIC Training and Legal Support Senior Attorney Michelle N. Mendez writes: "The ASAP team of Swapna Reddy, Dorothy Tegeler, and Liz Willis has done it again. With just a few days before her check-in with Atlanta ICE ERO, a mother reached out to us via our Facebook group. Taylor, Lee & Associates...

Unpub. BIA Remand: Evidence, Fact-Finding, Testimony (Feb. 7, 2018)

Matter of X-, Feb. 7, 2018, unpublished - "[W]e agree with the respondent's contention that in denying his motion to reopen, the Immigration Judge erroneously denied him the opportunity to testify regarding the amount of monetary loss involved in his crime. ... we will remand the record for...

Unpub. BIA CIMT Victory: Matter of K-K-R- (Mar. 9, 2018)

Matter of K-K-R- (Mar. 9, 2018, unpub.) - "The only issue on appeal is whether Minn. Stat. § 609.713, subd. 1, is a CIMT. We agree with the Immigration Judge that Avendano v. Holder is not dispositive. The Immigration Judge correctly observed that the majority in Avendano v. Holder ''...

Unpub. BIA Equitable Tolling Victory (Apr. 19, 2018)

Matter of X-, Apr. 19, 2018 - "We conclude upon de novo review, that equitable tolling of the reopening deadline is appropriate in this case. ... Given the evidence of record that the respondent spoke Triqui fluently and only "basic Spanish," that multiple hearings were previously rescheduled...

Unpub. BIA on Divisibility, Agg. Fel., Esquivel Quintana (Apr. 16, 2018)

Matter of X-, Apr. 16, 2018, unpub . [Hats off to David Antón Armendáriz !]

Unpub. BIA CAT Victory (Mexico; June 25, 2018)

Matter of X-, June 25, 2018, unpublished - "The Department of Homeland Security ("DHS") timely appeals the Immigration Judge's January 12, 2018, decision granting the applicant's application for withholding of removal under the Convention Against Torture pursuant to 8 C.F.R...