Unpublished BIA Decisions

As a public service, IRAC collects and posts noteworthy unpublished decisions from the Board of Immigration Appeals.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 If you have an unpublished decision you would like us to post, please email Ben Winograd.

Index of Unpublished BIA Decisions

IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.

Kanubhai Lalbhai Bhatt, A073 183 507 (BIA Oct. 28, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte over the opposition of the Department of Homeland Security in light of the respondent’s potential eligibility for adjustment of status and the serious health issues facing his lawful permanent resident wife. The decision was written by Member Elise Manuel and joined by Vice Chairman Charles Adkins-Blanch and Member Sharon Hoffman.

Michael Mutukwa, A099 395 254 (BIA Oct. 25, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record to provide a pro se respondent an additional chance to seek a continuance and U nonimmigrant status. The Board stated that "While an Immigration Judge must not take on the role of advocate for an alien, it is appropriate for Immigration Judges to aid in the development of the record, particularly where an alien appears pro se and may be unschooled in the removal process." The decision was written by Vice Chairman Charles Adkins-Blanch.

Rosa Amparo-Salmeron, A072 163 739 (BIA Oct. 24, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte to provide the respondent a further opportunity to pursue her request for voluntary departure. The decision was written by Member David Holmes.

Constantino Santel-Montes, A094 090 659 (BIA Oct. 21, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of the respondent’s request for administrative closure in light of the publication of regulations during the pendency of the appeal permitting the issuance provisional unlawful presence waivers (Form I-601A). The decision was written by Vice Chairman Charles Adkins-Blanch.

Cresencio Araujo-Navarro, A200 662 702 (BIA Oct. 18, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further consideration of a request for voluntary departure where the respondent had not re-entered illegally in past five years and was the beneficiary of an approved visa petition. The decision was written by Member John Guendelsberger.