Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
Marcelo Castorena-Alonso, A205 866 201 (BIA Sept. 17, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the Immigration Judge denied voluntary departure solely on the basis of a marijuana conviction (evidence of which was not in the record) and did not consider any of the respondent's favorable equities. The decision was written by Member Elise Manuel.
Miguel Augusto Ixpec-Chitay, A097 535 400 (BIA Sept. 16, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the suppression of evidence obtained by ICE officers who, during the course of an early morning home raid, entered the respondent's home through windows without a search warrant or consent, hit the respondent on the head with a flashlight, handcuffed the respondent without asking any questions or informing him why he was under arrest, transported the respondent against his will, and subjected the respondent to hours of custodial interrogation. The Board also found that the respondent's foreign birth certificate neither constituted "independent" evidence of alienage nor attenuated from the unlawful home raid. The decision was written by Member Roger Pauley and joined by Member Teresa Donovan and by Member Linda Wendtland.
Juan Aguilar-Perez, A027 190 905 (BIA Sept. 13, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the grant of a DHS motion to terminate proceedings to reinstate a prior removal order against the respondent. The Board rejected the respondent’s argument that the underlying order should be set aside on grounds that he was mentally incompetent at his prior removal hearing and that the Immigration Judge who presided over the hearing previously prosecuted the respondent's case while employed as a DHS trial attorney. The decision was written by Member Garry Malphrus and joined by Member Michael Creppy and Member Hugh Mullane.
Yong Chul Kim, A098 447 978 (BIA Sept. 12, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent’s motion to remand following the submission of supplemental briefing relating to eligibility for adjustment of status and the non-opposition of the DHS. The decision was written by Member Hugh Mullane.
Lennox S. Reece, A034 707 338 (BIA Sept. 11, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the case for consideration of whether the filing deadline for the respondent’s untimely motion to reopen should be equitably tolled in light of the intervening decision in Avila-Santoya v. U.S. Att'y Gen., 188 F.3d 1273 (11th Cir. 2013) (en banc). The decision was written by Member Elise Manuel and joined by Member John Guendelsberger and Member Neil Miller.