Unpublished BIA Decisions

As a public service, IRAC collects and posts noteworthy unpublished decisions from the Board of Immigration Appeals.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 If you have an unpublished decision you would like us to post, please email Ben Winograd.

Index of Unpublished BIA Decisions

IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.

Kwok Sum Wong, A036 850 251 (BIA Nov. 12, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA), following a remand from the Second Circuit, remanded for further proceedings and fact-finding regarding whether second degree forgery under N.Y.P.L. 170.10 constitutes a categorical crime involving moral turpitude. The decision was written by Member Ellen Liebowitz.

Xingchen Ye, A078 694 496 (BIA Nov. 8, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of whether the respondent abandoned his lawful permanent resident status where his prior attorney committed ineffective assistance of counsel by failing to submit evidence demonstrating the respondent’s continued ties to the United States. The decision was written by Member Hugh Mullane and joined by Member Garry Malphrus and Member Ana Mann.

Cirano Abertano Leon-Nogales, A205 140 051 (BIA Nov. 7, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the immigration judge neglected to advise the respondent of his potential eligibility for cancellation of removal for nonpermanent residents in accordance with 8 CFR 1240.11(a)(2). The decision was written by Vice Chairman Charles Adkins-Blanch.

Victor Hugo Gomez-Cifuentez, A089 284 153 (BIA Nov. 6, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded to provide the respondent an opportunity to apply for relief from removal upon finding the immigration judge erred in denying the respondent’s attorney’s request for a seven-day continuance to gather documents to submit in support of an asylum application. The decision was written by Member John Guendelsberger and joined by Vice Chairman Charles Adkins-Blanch and Member Sharon Hoffman.

Do Kyung Lee, A089 047 352 (BIA Nov. 5, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) reversed the denial of an application for adjustment of status upon finding the respondent, the spouse of an E-2 treaty investor, was not required to obtain an employment authorization document (EAD) to engage in employment. The decision was written by Member Roger Pauley and joined by Member Anne Greer and Member Paula Cole.