Unpublished BIA Decisions

As a public service, IRAC collects and posts noteworthy unpublished decisions from the Board of Immigration Appeals.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 If you have an unpublished decision you would like us to post, please email Ben Winograd.

Index of Unpublished BIA Decisions

IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.

Emmanuel Amparo Abreu, A087 287 722 (BIA Dec. 24, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the Third Circuit, upheld the denial of a motion to reopen filed by a respondent who had been removed during the pendency of the appeal. The Board stated that in light of the position of both parties, it would not consider whether a lawful removal during the pendency of an appeal constitutes a "departure" under 8 CFR 1003.4. The decision was written by Member Kendall-Clark and joined by Member David Holmes and Member Ellen Liebowitz.

Jose Eustate, A047 128 564 (BIA Dec. 20, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion to reopen an in absentia removal order in light of evidence submitted on appeal indicating that his underlying criminal conviction had been vacated. The decision was written by Member Edward Grant.

Ivan Hernandez Trujillo, A088 333 112 (BIA Dec. 19, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings sua sponte in light of evidence the respondent acquired U.S. citizenship by naturalization. The decision was written by Member David Holmes.

Carlos Quintanilla-Chicas, A200 234 259 (BIA Dec. 18, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for de novo proceedings in light of the absence of an oral or written decision and the immigration judge’s apparent failure to advise the respondent of his rights on the record. The decision was written by Member David Holmes.

Jorge Antonio Haro Pena, A095 727 770 (BIA Dec. 17, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) vacated the denial of a motion to reopen an in absentia order upon finding the immigration judge improperly applied a “per se” rule that automotive difficulties do not constitute exceptional circumstances justifying the failure to appear. The decision was written by Member Edward Grant.