Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
J. German Benitez-Lopez, A092 298 255 (BIA May 29, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed in part an interlocutory appeal filed by the Department of Homeland Security upon finding the immigration judge’s determination that the respondent was mentally incompetent to participate in proceedings was not clearly erroneous. The Board remanded the case for further consideration, however, of whether safeguards other than administrative closure would be sufficient to allow the respondent to proceed with a full and fair hearing, such as the facilitation of medical treatment or a change of venue to a location closer to family members. The decision was written by Member Anne Greer and joined by Member Molly Kendall-Clark and Chairman David Neal.
Dale Anderson Telesford, A079 020 706 (BIA May 27, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) held that delivery of marijuana under Iowa Code 124.401(1)(d) is not a drug trafficking aggravated felony under the intervening decision in Moncrieffe v. Holder, 133 S.Ct. 1678 (2013). The decision was written by Member Linda Wendtland.
Frank Meyer Flores-Rodriguez, A098 941 790 (BIA May 23, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte in light of "exceptional circumstances" presented in the case, namely the respondent’s 8-year-marriage to U.S. citizen and pending I-130 visa petition filed on his behalf. The decision was issued by Member Neil Miller.
Jorge Hernandez-Hernandez, A045 582 968 (BIA May 20, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding fourth degree arson under N.Y.P.L. 150.05 not to be a categorical crime involving moral turpitude because perpetrators need have a specific intent to damage property. The Board also found the statute was not subject to the modified categorical approach under Descamps v. United States, 133 S. Ct. 2276 (2013), which it said overruled the Board’s prior decision on divisibility in Matter of Lanferman, 25 I&N Dec. 721 (BIA 2012). The decision was written by Member John Guendelsberger and joined by Member Sharon Hoffman by Vice Chairman Charles Adkins-Blanch.
Brett Richard Godke, A059 435 050 (BIA May 16, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) held that the immigration judge erred in finding the respondent abandoned his petition to lift the conditions on his residency (Form I-751). The Board stated that the immigration judge should have reviewed the existing petition submitted to USCIS and provided the respondent an opportunity to submit additional evidence in support of the petition. The decision was written by Member Elise Manuel and joined by Member John Guendelsberger and by Member Sharon Hoffman.