Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
Ramiro Torres-Godinez, A205 765 589 (BIA Jan. 6, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration after the respondent, who was charged with being present without admission or parole, submitted evidence on appeal indicating that he was admitted on an agricultural visa. The Board’s decision cited INA 240(c)(2) for proposition that respondents "shall have access to the alien's visa or other entry document" during proceedings. The decision was written by Member Edward Grant.
Manuel Lopez-Rivera, A089 235 276 (BIA Jan. 3, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) denied a motion to reopen filed by a respondent who married his U.S. citizen husband after the issuance of United States v. Windsor, 133 S. Ct. 2675 (2013) and Matter of Zeleniak, 26 l&N Dec. 158 (BIA 2013), which struck down Section 3 of the Defense of Marriage Act does not and recognized lawful same-sex marriages under the immigration laws. The Board stated that the submission of a marriage certificate and a pending Form I-130 was not sufficient to demonstrate that the marriage was bona fide. The decision was written by Member Molly Kendall-Clark.
Jose Luis Gutierrez-Guzman, A205 716 539 (BIA Dec. 31, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) granted the motion to reconsider and remanded for further proceedings upon finding it previously erred in concluding the respondent had not demonstrated prima facie eligibility for U nonimmigrant status. The decision was written by Member Molly Kendall-Clark.
Mickael Christian Martin, A076 549 309 (BIA Dec. 27, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) upheld a finding that the respondent did not retract a false claim to U.S. citizenship “voluntarily and without delay” in light of evidence indicating the retraction only occurred after he was confronted with evidence that he was a citizen of France. The decision was written by Member Roger Pauley.
Ismael Daggy Ibrhaim, A205 009 375 (BIA Dec. 26, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to reopen proceedings in which he was ordered removed in absentia. The Board found that the immigration judge’s hand-written order, which stated that the “court concurs with the position of DHS,” did not provide a meaningful basis for appellate review. The decision was written by Member Sharon Hoffman.