As a public service, IRAC collects and posts noteworthy unpublished decisions from the Board of Immigration Appeals.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 If you have an unpublished decision you would like us to post, please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.
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
This Index contains links to more than 3,000 unpublished BIA decisions selected for their potential to assist noncitizens in removal proceedings. It is updated on a monthly basis with recently issued decisions.
Purchasers will receive emails each month for the rest of 2020 containing an updated version of the Index and a separate list of newly added cases. Purchasers will also receive a discount on IRAC’s same day BIA filing service for the rest of 2020.
For individual purchasers, the cost of the Index is $100. IRAC also offers group pricing to firms, law school clinics, and non-profit organizations.
To purchase the Index, email author Ben Winograd at bwinograd@irac.net.
A preview of the Index is available below.
In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed an appeal certified by the Immigration Judge where neither party contested the decision to terminate proceedings and disputed only whether they should have been terminated with or without prejudice. The Board stated that the issue would be better addressed in a future proceeding where the respondent could assert claim preclusion. The decision was written by Member John Guendelsbeger.
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings upon finding that while the respondent had not established exceptional circumstances for his failure to appear at the hearing at which he was ordered removed in absentia, he plausibly claimed that he did not receive actual notice of the hearing and had an incentive to appear at future hearings in light of a pending visa petition filed on his behalf. The decision was written by Member Edward Grant and joined by Vice-Chairman Charles Adkins-Blanch and Member Sharon Hoffman.
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further consideration of the respondent's motion to reopen where the Immigration Judge issued a form order stating, “The Court adopts the DHS opposition as its own findings of fact and conclusions of law.” The decision was written by Member Elise Manuel.
In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed a DHS appeal and upheld the termination of proceedings after finding that selling contraband cigarettes in violation of 18 U.S.C. 371 was not an aggravated felony under INA 101(a)(43)(M) or a crime involving moral turpitude because fraud or deceit were not necessary elements of the offense. The decision was written by Member Roger Pauley.