Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
Esau Lara, A097 322 982 (BIA Dec. 16, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the denial of an application for Temporary Protected Status (TPS) upon finding the respondent could not benefit from the imputation of his mother’s residence and presence in the United States. The decision was written by Member Hugh Mullane.
Merton David Lopez, A091 085 417 (BIA Dec. 13, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s motion for continuance pending the adjudication of a Form I-130 that would allow him to apply for a waiver under Section 212(h) of the INA. The Board stated that immigration judge did not meaningfully consider the factors listed in Matter of Hashmi, 24 l&N Dec. 785 (BIA 2009), but rather observed that waivers under Section 212(h) of the INA are not typically granted for persons convicted of robbery and that the respondent may not merit favorable exercise of discretion. The decision was written by Member Roger Pauley.
Yakov Grigorievich Drabovskiy, A028 158 230 (BIA Dec. 12, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the denial of the respondent’s motion to reopen but remanded the record because the immigration judge never adjudicated two prior motions to reopen, one of which alleged changed county conditions in Russia. The Board stated that in light of the passage of time, the respondent should be permitted to update the record with material evidence not available at his last removal hearing in 2007, and to present an asylum application. The decision was written by Member Edward Grant.
Rut Betania Castillo de Figueroa, A095 982 111 (BIA Dec. 11, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) upheld a finding that the respondent made a false claim to U.S. citizenship by accompanying a woman to a location where her photo was taken for a false state identification card, and watching the same woman complete a Form I-9 with a U.S. birth certificate issued in the same name that appeared on the card. The decision was written by Member Ana Mann.
Leonel Amador Aguilar-Morales, A088 091 744 (BIA Dec. 6, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) vacated the denial of the respondent’s request for a continuance because the immigration judge who presided over his previous hearing did not indicate that he was required to bring witnesses to his next hearing to testify in support of his adjustment application. The decision was written by Member John Guendeslberger and joined by Vice Chairman Charles Adkins-Blanch and Member Elise Manuel.