Unpublished BIA Decisions

As a public service, IRAC collects and posts noteworthy unpublished decisions from the Board of Immigration Appeals.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 If you have an unpublished decision you would like us to post, please email Ben Winograd.

Index of Unpublished BIA Decisions

IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.

Juan Pablo Soto-Gonzalez, A200 562 227 (BIA Sept. 24, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the Immigration Judge granted the respondent pre-conclusion voluntary departure without first ascertaining whether the respondent waived appeal of all issues. The decision was written by Member Edward Grant.

Victor Manuel Parada-Villegas, A091 223 049 (BIA Sept. 23, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) reopened and terminated proceedings concluded in December 2000 where intervening Supreme Court and Fifth Circuit case law rendered the respondent's conviction for driving under the influence no longer an aggravated felony crime of violence. The decision was written by Member David Holmes and joined by Member Neil Miller and Member Molly Kendall-Clark.

Salvador Hernandez-Garcia, A097 472 829 (BIA Sept. 20, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding that resisting arrest under Cal. Penal Code 69 is not a categorical crime involving moral turpitude and that the statute is not divisible under Descamps v. United States, 133 S.Ct. 2276 (2013), because neither the threat of use of deadly force nor injury to the victim is an element of the offense. The decision was written by Member Roger Pauley and joined by Member Anne Greer. Member Garry Malphrus dissented without opinion.

Glendon A. White, A024 619 428 (BIA Sept. 19, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) sustained a DHS appeal and remanded the record where the Immigration Judge did not fully explain her conclusion that the Record of Sworn Statement (Form I-877) was insufficient to establish removability. The decision was written by Member Hugh Mullane and joined by Member Ellen Liebowitz and Member Michael Creppy.

Carlos Eenesto Valle Iglesias, A043 995 062 (BIA Sept. 18, 2013)

In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings following a stipulation from both parties after a remand from the Second Circuit that the respondent's conviction underlying both grounds of removability was vacated based on ineffective assistance of counsel. The decision was written by Member David Holmes.