Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
Bryan Sanchez-Vazquez, A205 213 774 (BIA Aug. 30, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed a DHS appeal of a grant of voluntary departure after finding the respondent’s conviction for maintaining a place for controlled substances in violation of N.C.G.S. 90-108(a)(7) was not a drug trafficking aggravated felony because a conviction can be obtained by showing a defendant acted knowingly but not intentionally. The decision was written by Member Hugh Mullane.
Juan Melvin Perez-Baez, A079 213 261 (BIA Aug. 26, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) found the immigration judge should have granted the respondent a further continuance to obtain counsel after taking administrative notice that a letter sent by the respondent to a pro bono organization was returned as undeliverable. The decision was written by Member Roger Pauley and joined by Member Linda Wendtland and Member Patricia Cole.
Gladys Margarita Hernandez, A095 080 333 (BIA Aug. 23, 2013)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded for further proceedings where the Immigration Judge did not prepare a separate oral or written decision setting out the basis for the denial of Temporary Protected Status. On remand, the Board instructed the Immigration Judge to address the respondent’s argument that she is entitled to equitable tolling of the deadline for initial TPS registration on account of her mental incompetence and physical illness. The decision was written by Member Anne Greer and joined by Chairman David Neal and Member Molly Kendall-Clark.
William Francisco Ayala-Chan, A200 244 079 (BIA Jan. 13, 2012)
In this unpublished decision by Member Charles Adkins-Blanch, the Board of Immigration Appeals (BIA) vacates a stipulated order of removal upon finding the respondent, who was unrepresented and never appeared before an Immigration Judge, did not knowingly and intelligently waive his right to appeal.