Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
Jin Hee Shin, A047 415 708 (BIA Feb. 4, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent, who was unaware that her mother obtained her permanent resident card through fraud prior to sponsoring her for an immigrant visa, was eligible for a waiver under INA 212(k) as a matter of law and discretion. The Board concluded that the respondent’s eligibility for a waiver depended on her state of mind when she initially applied for admission using an immigrant visa, not when she re-entered the country as a returning LPR, and that her failure to alert authorities that her green card may have been obtained fraudulently was not an adverse discretionary factor. The decision was written by Member Linda Wendtland and joined by Member Anne Greer and Member Roger Pauley.
Enereo Mederos-Sanchez, A205 132 022 (BIA Feb. 3, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record to permit the immigration judge to address the applicability of regulations issued after his decision allowing noncitizens to apply for unlawful presence waivers on a provisional basis (Form I-601A). The immigration judge had denied the respondent’s request for a continuance on grounds that the promulgation of regulations was too speculative to warrant a further postponement of proceedings. The decision was written by Member Edward Grant.
Teresa Flores Razo, A092 326 584 (BIA Jan. 31, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings and remanded the record for further fact-finding relating to the respondent’s removability in light of a minute order from the trial court striking the term “embezzlement” and a reference to the respondent’s employer from the criminal indictment. The Board stated that the Department of Homeland Security bore the burden on remand of showing that the trial court amended the indictment solely so the respondent could avoid immigration consequences, citing Nath v. Gonzales, 467 F.3d 1185, 1188-89 (9th Cir. 2006). The decision was written by Member John Guendelsberger.
Rogelio Chavez-Rubio, A205 656 470 (BIA Jan. 30, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record upon finding the immigration judge should have considered the respondent’s request for a continuance. The Board noted that the respondent advised the court that an attorney he had hired to represent him failed to appear, and that the immigration judge did not ask whether the respondent waived his right to counsel or wished to find another attorney or learn why his attorney failed to appear. The decision was written by Member John Guendelsberger and joined by Vice Chairman Charles Adkins-Blanch and Member Elise Manuel.
Gerald Morisset Boisvert, A041 905 505 (BIA Jan. 29, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for a hearing on whether the respondent intended to abandon his lawful permanent resident status by signing Form I-407. The Board noted that the DHS bore the burden to prove abandonment by clear and convincing evidence. The decision was written by Member Linda Wendtland and joined by Member Roger Pauley and Member Patricia Cole.