Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
Kelechi Pauline Mbagwu, A078 437 923 (BIA Nov. 4, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) reconsidered sua sponte its denial of a motion to reopen and terminated proceedings to allow the respondent to pursue adjustment of status before USCIS. The Board previously denied the motion to reopen under the erroneous belief that the Department of Homeland Security (DHS) had not responded to the motion, when the DHS had in fact stated that it did not oppose the motion. The decision was written by Member David Holmes.
Tui Pele Falo, A035 046 579 (BIA Nov. 1, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) found the respondent was convicted of both an aggravated felony and a particularly serious crime due to the commission of a theft offense for which he received an indeterminate term of imprisonment not to exceed five years. The Board also stated that it could not provide humanitarian relief to the respondent, a lawful permanent resident who has resided in the United States since the age of nine, and who is married and has four children. The decision was written by Member John Guendelsberger.
Juan Carlos Clase, A043 986 617 (BIA Oct. 31, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further analysis of whether the respondent qualified for the youthful offender exception for the ground of inadmissibility relating to crimes involving moral turpitude. The Board found that in determining whether the offense was committed before the respondent turned 18, a statement in a criminal indictment saying the offense occurred “on or about” a particular date did not constitute clear and convincing evidence that the offense actually occurred on that date. The decision was written by Member John Guendelsberger.
Aminadad Natanael Mendez-Perez, A099 623 872 (BIA Oct. 30, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) rescinded an order of removal issued in absentia upon finding the respondent's failure to appear was due to exceptional circumstances. The respondent argued that although he received written notice that his hearing would occur on February 14, 2012, he subsequently received a letter from the immigration court stating the hearing would occur on February 15, 2012. The decision was written by Member John Guendelsberger and joined by Member Sharon Hoffman and Member Elise Manuel.
Desmond E. Burke, A022 492 290 (BIA Oct. 29, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and remanded proceedings in light of evidence that the respondent's motion for new trial was granted and state has declined to prosecute. The decision was written by Member David Holmes.