Unpublished BIA Decisions

As a public service, IRAC collects and posts noteworthy unpublished decisions from the Board of Immigration Appeals.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 If you have an unpublished decision you would like us to post, please email Ben Winograd.

Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
Permalink to Mario Flores Corona, A205 719 317 (BIA Jan. 17, 2014)
Mario Flores Corona, A205 719 317 (BIA Jan. 17, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the respondent’s appeal as moot where the immigration judge reopened proceedings after mistakenly issuing an in absentia order of removal while the respondent was detained. The decision was written by Member David Holmes.

Permalink to Mohammed Anwar Hazuri, A034 373 877 (BIA Jan. 16, 2014)
Mohammed Anwar Hazuri, A034 373 877 (BIA Jan. 16, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the Immigration Judge denied the respondent’s motion to reopen without engaging in fact-finding or providing analysis. The decision was written by Member Sharon Hoffman.

Permalink to Ravi Satulo Laicer, A096 675 284 (BIA Jan. 15, 2014)
Ravi Satulo Laicer, A096 675 284 (BIA Jan. 15, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) held that Kan. Stat. Ann. 21-3414(a)(2)(A), which criminalizes the reckless causing of great bodily harm or disfigurement to another person, is categorically a crime of violence under 18 USC 16(a) and 16(b). The decision was written by Member Hugh Mullane.

Permalink to Jacinto Moises Carbonell-Desliz, A074 054 226 (BIA Jan. 13, 2014)
Jacinto Moises Carbonell-Desliz, A074 054 226 (BIA Jan. 13, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte in light of the vacatur of the respondent’s conviction for second degree assault under Maryland article 27, section 12(A), because he was not advised by the criminal court of his Sixth Amendment right to assistance of counsel. The decision was written by Member Neil Miller.

Permalink to Guillermo Cases Moya, A074 713 088 (BIA Jan. 8, 2014)
Guillermo Cases Moya, A074 713 088 (BIA Jan. 8, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record upon finding the immigration judge erroneously issued a minute order indicating that the respondent was ordered removed despite having previously been granted a continuance to prepare an application for cancellation of removal. The decision was written by Member Molly Kendall-Clark.