Unpublished BIA Decisions

As a public service, IRAC collects and posts noteworthy unpublished decisions from the Board of Immigration Appeals.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 If you have an unpublished decision you would like us to post, please email Ben Winograd.

Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.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 Salvador Vaca-Bueno, A072 956 700 (BIA Dec. 5, 2013)
Salvador Vaca-Bueno, A072 956 700 (BIA Dec. 5, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the immigration judge neglected to determine whether the respondent, who was convicted of a controlled substance offense under Cal. Health & Safety Code 11364.1(a), qualified for the personal use of marijuana exception. The decision was written by Member Roger Pauley.

Permalink to Arya Etedali, A095 686 160 (BIA Dec. 4, 2013)
Arya Etedali, A095 686 160 (BIA Dec. 4, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the Ninth Circuit, acknowledged that its previous decision erroneously found that the immigration judge adequately advised the respondent that he was required to submit proof of posting a voluntary departure bond to the Board within 30 days of filing his appeal. The Board remanded for the granting of a new voluntary departure period and the issuance of the proper advisals. The decision was written by Molly Kendall-Clark.

Permalink to Juan Quiroga-Briones, A028 323 575 (BIA Dec. 3, 2013)
Juan Quiroga-Briones, A028 323 575 (BIA Dec. 3, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of whether the respondent’s conviction under Texas Health and Safety Code 481.112(d) is a drug trafficking aggravated felony where he was charged in the indictment with possession of cocaine with intent to deliver, but the judgment of conviction was limited to manufacture/delivery of a controlled substance. The decision was written by Member Roger Pauley.

Permalink to Esteban Nolasco-Gaspar, A201 145 750 (BIA Nov. 29, 2013)
Esteban Nolasco-Gaspar, A201 145 750 (BIA Nov. 29, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the denial of a motion to suppress filed by a respondent who was questioned and arrested by ICE officers at a courthouse where he was providing support to a friend with an outstanding removal order who was appearing on a local criminal charge. The Board found the arresting agents had a basis to question the respondent because he was accompanying an individual known to be removable. The decision was written by Member Hugh Mullane.

Permalink to Armando Parra Reyes, A091 156 708 (BIA Nov. 27, 2013)
Armando Parra Reyes, A091 156 708 (BIA Nov. 27, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that neither solicitation of sodomy under Ga. Code 16-6-15(a), theft under Ga. Code 16-8-2, nor public indecency under Ga. Code 16-6-8(a)(3) were crimes involving moral turpitude. The decision was written by Member Patricia Cole and joined by Member Roger Pauley and Member Linda Wendtland.