Unpublished BIA Decisions

As a public service, IRAC collects and posts noteworthy unpublished decisions from the Board of Immigration Appeals.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 If you have an unpublished decision you would like us to post, please email Ben Winograd.

Index of Unpublished BIA Decisions

IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.

Rony Vladimir Monge, A205 503 682 (BIA Oct. 3, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the case for further consideration where the immigration judge issued a removal order at the respondent’s first master calendar hearing and conducted a cursory and minimal inquiry into his assertion that he feared he would be killed by gangs in El Salvador. The decision was written by Member Patricia Cole and joined by Member Hugh Mullane and Member Roger Pauley.

Anna Magdalena Bojko, A089 059 545 (BIA Sept. 30, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) upheld a finding that the respondent was ineligible to adjust to lawful permanent residence under Section 245(k) of the INA because she previously engaged in unauthorized employment for more than 180 days as a student in F-1 status. The Board found that the respondent’s parole into the United States following the period of unauthorized employment did not restart the 180-day clock. The decision was written by Member Hugh Mullane and joined by Member Ana Mann and Member Garry Malphrus.

Upinderjit Singh, A048 029 730 (BIA Sept. 27, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA), following an unopposed remand from the Fourth Circuit, remanded for further consideration of its determination in Matter of U. Singh, 25 I&N Dec. 670 (BIA 2012), that a conviction for stalking in violation of Cal. Penal Code 646.9(a) is categorically an aggravated felony crime of violence under 18 U.S.C. 16(b). The decision was written by Member Roger Pauley and joined by Member Hugh Mullane and Member John Guendelsberger.

M-N-, AXX XX8 795 (BIA Sept. 26, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) vacated the denial of asylum and remanded the record where the Immigration Judge did not consider whether incidents of harassment and discrimination suffered by the respondent, a "Pygmy" from Burundi, constituted persecution in the aggregate. The decision was written by Member Roger Pauley.

Oscar Giovanni Castro Rosa, A205 828 164 (BIA Sept. 25, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the case to provide an explicit opportunity to file an asylum application where the Immigration Judge made no further inquiry after the respondent stated he was "a little bit afraid" of returning to El Salvador. The decision was written by Vice Chairman Charles Adkins-Blanch.