Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
Mohammad M. Qatanani, A076 133 969 (BIA May 13, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) sustained an interlocutory appeal filed by the Department of Homeland Security and vacated an immigration judge’s decision requiring the production of documents by Federal Bureau of Investigation (FBI) and U.S. Immigration and Customs Enforcement (ICE) relating to activities bearing on the respondent’s eligibility for adjustment of status. The Board held that the subpoenas were premature and overbroad, and found that the immigration judge did not sufficiently explain why the documents sought were “essential” to the case under 8 C.F.R. 1003.35(b). The decision was written by Member Michael Creppy and joined by Member Garry Malphrus and Member Hugh Mullane.
Juan Ignacio Ruela, A077 485 879 (BIA May 5, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding the respondent had not been sentenced to at least one year in prison for his forgery conviction under Ga. Code. 16-9-1(b). The Board took administrative notice of an order from the state trial judge clarifying that the respondent’s entire sentence was to be served on probation. The decision was written by Member Anne Greer and joined by Member John Guendelsberger and by Member Roger Pauley.
Nyaken Ansumana Gamanga, A077 615 717 (BIA Apr. 29, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings and remanded the record in light of evidence submitted on appeal indicating that the respondent’s drug conviction involved less than 30 grams of marijuana, thereby making him eligible for a waiver under INA 212(h) in connection with an adjustment application. The decision was written by Member Neil Miller.
Juan Carlos Clase, A043 986 617 (BIA Apr. 25, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding attempted second degree gang assault under N.Y.P.L. 110.00-120.06 not to be a crime involving moral turpitude. The Board noted that New York courts have found the offense to be a "legally impossible" crime for trial purposes because it imposes liability for attempting to cause an unintended result, and that strict liability crimes are not recognized as involving moral turpitude. The decision was written by Member Roger Pauley and joined by Member Anne Greer and Member Garry Malphrus.
Jose Armando Cruz, A087 241 021 (BIA Apr. 9, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) denied a DHS appeal and upheld a grant of adjustment of status under INA 245(i). The Board held that a noncitizens who are subject to the unlawful presence bars in INA 212(a)(9)(B) are only inadmissible during the three- or ten-year period, even if they illegally re-entered the country prior to the expiration of the three- or ten-year period. The decision was written by Member Linda Wendtland and joined by Member Anne Greer and Member Roger Pauley.