Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings. The Index is organized by subject matter and updated on a monthly basis. Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
Joao Coutinho, A098 236 413 (BIA Feb. 11, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further consideration of the respondent’s application for adjustment of status, which was denied by the immigration judge as a matter of discretion. The Board noted that the immigration declined to favorably exercise discretion because the respondent and his wife’s account of an alleged physical altercation was in contradiction to the police report, but failed to make any findings of fact regarding whether the incident resulted in a criminal conviction or to consider the respondent's positive equities. The decision was written by Member Michael Creppy.
Collins Anakor, A201 141 550 (BIA Feb. 10, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings over DHS opposition to allow the respondent to apply for adjustment of status in light of the submission of clear and convincing evidence of the bona fides of his marriage to a U.S. citizen. The Board stated that the lack of evidence of commingling of finances was excused because the respondent lacked work authorization and his wife was unemployed. The decision was written by Member David Holmes.
Luis Alberto Rivas-Camader, A040 111 602 (BIA Feb. 7, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) held that "trafficking" of illegal drugs under Fla. Stat. 893.135(1)(c)(1)(c) is not an aggravated felony under INA 101(a)(43)(B) because state law defines the term to encompasses simple possession, and because the statute does not proscribe conduct that is a felony under the federal drug laws. The decision was written by Member Roger Pauley and joined by Member Anne Greer and by Member John Guendelsberger.
Zuri Marlene Melgar de Iglesias, A206 525 223 (BIA Feb. 6, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) considered the merits of the respondent’s appeal upon finding he did not knowingly and intelligently was his right to appeal, and remanded the record because the immigration judge did not afford an opportunity to submit a Form I-589 after the respondent expressed fear of returning to El Salvador. The decision was written by Member John Guendelsberger and joined by Member Sharon Hoffman and Vice Chairman Charles Adkins-Blanch.
Nonhlanhla Guguletha Ngema, A087 948 239 (BIA Feb. 5, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further consideration of a request for a continuance where the respondent had appealed a USCIS denial of her visa petition. The Board stated that any delay by USCIS in forwarding the appeal to the Board is a factor to be considered in favor of a respondent in determining whether to grant a continuance. The decision was written by Member Linda Wendtland.