Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
Jose Mauricio Diaz, A029 012 746 (BIA Nov. 19, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings and remanded the record for further consideration of whether second degree assault under Md. Code Ann., Crim. Law 3-203, is crime of violence aggravated felony in light of the intervening decisions in Karimi v. Holder, 715 F.3d 561 (4th Cir. 2013), and Descamps v. United States, 133 S.Ct. 2276 (2013). The decision was written by Member Molly Kendall-Clark.
Marten Lorenzo Ventura-Arias, A057 144 173 (BIA Nov. 18, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings after the respondent was permitted to withdraw a guilty plea to cocaine trafficking due to evidence that the chemist who tested samples in the respondent's criminal case had been accused of misconduct. The decision was written by Member David Holmes.
Stefano Raul Lissia, A093 144 363 (BIA Nov. 15, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the Ninth Circuit, vacated its prior decision and remanded for further consideration of a claim that respondent’s prior attorney provided ineffective assistance of counsel by failing to explain the consequences of waiving his right to appeal the immigration judge’s decision. The Board stated that because the respondent did not contest the validity of his appeal waiver in his previous appeal, it lacked jurisdiction to consider the motion. The decision was written by Member David Holmes.
Enrique Manuel Vasquez-Perez, A095 802 066 (BIA Nov. 14, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) reconsidered its prior decision sua sponte over the DHS opposition and reversed the discretionary denial of the respondent’s application for adjustment of status upon finding his positive equities were not outweighed by a single conviction for driving under the influence. The decision was written by Member Neil Miller.
Jose Antonio Monjazar-Fernandez, A200 611 977 (BIA Nov. 13, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) found that the underlying proceedings were fundamentally unfair where the respondent, who was charged with being present without having been admitted or paroled, presented a copy of the visa on which he entered the country, the government presented no evidence to contest his assertion, and the Immigration Judge failed to ask the government if it had any record of the respondent's admission. On remand, the Board stated that the respondent must receive an opportunity to obtain full access to his records under Section 240(c)(2) of the INA. The decision was written by Vice Chairman Charles Adkins-Blanch and joined by Member Sharon Hoffman and Member Elise Manuel.