Unpublished BIA Decisions

As a public service, IRAC collects and posts noteworthy unpublished decisions from the Board of Immigration Appeals.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 If you have an unpublished decision you would like us to post, please email Ben Winograd.

Index of Unpublished BIA Decisions

IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.

Paul Muchai Nganga, A087 196 423 (BIA Oct. 17, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further proceedings in light of Garcia-Carias v. Holder, 697 F.3d 297 (5th Cir. 2012), which invalidated the post-departure bar at 8 C.F.R 1003.23(b)(1). The decision was written by Vice Chairman Charles Adkins-Blanch.

Jaime Enrique Valenzuela-Felix, A034 590 205 (BIA Oct. 15, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) permitted the Department of Homeland Security (DHS) to withdraw its appeal of an order terminating proceedings against the respondent. In the decision below, on remand from the Board’s precedent decision in Matter of Valenzuela-Felix, 26 I&N Dec. 53 (BIA 2012), the immigration judge terminated proceedings after finding that bulk cash smuggling under 31 U.S.C. 5332 was not a crime involving moral turpitude. The decision was written by Member David Holmes.

Jose Maria Islas-Gonzalez, A205 497 397 (BIA Oct. 11, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) upheld an order of removal against the respondent and declined to consider his argument that his deportation would violate principles of proportionality under the Due Process Clause. The decision was written by Member Garry Malphrus.

Victor Enrique Tally-Barrios, A041 736 376 (BIA Oct. 8, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) sustained the respondent’s appeal and terminated proceedings upon finding a fourth degree sexual offense under former Md. Code Ann. Art. 27, § 464C, is not a categorical crime of violence under 18 U.S.C. 16(a) because the statute does not require the use of force. The Board further found that use of the modified categorical approach was improper in light of the Supreme Court’s decision in Descamps v. United States, 133 S. Ct. 2276 (2013). The decision was written by Vice Chairman Charles Adkins-Blanch and joined by Member Anne Greer and Member Neil Miller.

Jorge Ivan Bautista-Santos, A043 996 234 (BIA Oct. 7, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) granted a joint motion to remand after the issuance of a clarification from a state trial court that the respondent’s 12-month sentence for misdemeanor theft by taking was to be served entirely on probation and included no period of confinement. The decision was written by Member Neil Miller.