Unpublished BIA Decisions

As a public service, IRAC collects and posts noteworthy unpublished decisions from the Board of Immigration Appeals. By making these decisions available to the immigration community, IRAC hopes to promote consistency in decision-making and to benefit attorneys with similar cases. A sample of recently posted decisions is below. If you have an unpublished decision you would like us to post, please email Ben Winograd.

Index of Unpublished BIA Decisions

IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.

Dieuvu Forvilus, A071 552 965 (BIA Jan. 28, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) sustained the respondent’s appeal and terminated proceedings upon finding third degree theft under Fla. Stat. 812.014 not to be a categorical crime involving moral turpitude because the statute encompasses offenses in which only a temporary taking or appropriation of property is intended. The Board also found the statute not to be divisible under Descamps v. United States, 133 S. Ct. 2276 (2013), because permanent and temporary takings are alternative means of committing grand theft, not alternative elements about which Florida jurors must agree in order to convict. The decision was written by Member Roger Pauley and joined by Member John Guendelsberger and Member Anne Greer.

Miguel Cruz-Gonzalez, A200 679 853 (BIA Jan. 27, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings over DHS opposition to permit the respondent to submit an application for cancellation of removal. The decision was written by Member David Holmes.

Rodrigo Vasquez-Lopez, A048 138 084 (BIA Jan. 24, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) held that recklessly endangering another person under 18 Pa. Cons. Stat. 2705 is a categorical crime involving moral turpitude because defendants must consciously disregard that their actions could result in a substantial and unjustifiable risk of death or serious bodily injury. The decision was written by Member Ellen Liebowitz and joined by Member John Guendelsberger and Member Molly Kendall-Clark.

Ivan Francisco Moreno-Virrey, A042 847 549 (BIA Jan. 23, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the immigration judge failed to make an independent determination regarding the respondent’s derivative citizenship claim after USCIS denied his Application for Certificate of Citizenship (Form N-600). The decision was written by Member John Guendelsberger.

Blanca Josefina Rinquillo de Corrales, A074 662 392 (BIA Jan. 22, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) held that the respondent’s conviction for computer fraud under 18 USC 1030(a)(4) is aggravated felony under 101(a)(43)(M)(i) where the loss to the victim was over $10,000. The Board stated that while "the amount of restitution may not always be a reliable measure of victim loss for purposes of 101(a)(43)(M)(i)," the immigration judge was permitted to rely on it because the respondent did not dispute the loss calculation at sentencing proceedings. The decision was written by Member Roger Pauley.