Unpublished BIA Decisions

As a public service, IRAC collects and posts noteworthy unpublished decisions from the Board of Immigration Appeals.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 If you have an unpublished decision you would like us to post, please email Ben Winograd.

Index of Unpublished BIA Decisions

IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.

Jose Luis Gonzales, A029 158 835 (BIA Nov. 26, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) denied a DHS appeal and upheld a grant of special rule cancellation under the Nicaraguan Adjustment and Central American Relief Act (NACARA). The Board found that the respondent, who owned a small supply store while living in Guatemala, did not provide “material support” to guerillas who repeatedly stole food from his store while holding him at gunpoint. The decision was written by Member Roger Pauley.

Jose H. Hernandez, A094 054 192 (BIA Nov. 25, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) returned the record to the immigration court after the Department of Homeland Security (DHS) withdrew an appeal of a decision finding the respondent eligible for Temporary Protected Status (TPS). The ruling below, by Immigration Judge Earle Wilson, found that traffic offenses in Georgia did not constitute “misdemeanors” for federal immigration purposes even though they are recognized as misdemeanors for state law purposes. The Board’s decision was issued by Member David Holmes.

Calfus Wentworth Drummond, A075 443 280 (BIA Nov. 22, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for consideration of the respondent’s application for cancellation of removal following the decision in Donawa v. U.S. Attorney General, No. 12-13526 (Nov. 7, 2013), finding that possession of marijuana with intent to sell under Fla. Stat. 893.13(1)(a)(2) is not a categorical drug trafficking aggravated felony. The decision was written by Member John Guendelsberger.

Ivan Meza-Jurado, A200 821 185 (BIA Nov. 21, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) administratively closed proceedings with the non-opposition of the Department of Homeland Security after the respondent was granted relief under the Deferred Action for Childhood Arrivals (DACA) program. The decision was issued by Member Sharon Hoffman.

Emerita Casilla Nunez, A042 893 719 (BIA Nov. 20, 2013)

In this unpublished decision, the Board of Immigration Appeals upheld the termination of proceedings upon finding third degree theft under Alaska Statutes Annotated § 11.46.140(a)(1) is not a crime involving moral turpitude because the statute was divisible and nothing in the record of conviction established that the respondent possessed an intent to permanently deprive the owner of the property. The decision was written by Member Patricia Cole.