Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
David Antonio Quezada-Gonzalez, A099 539 214 (BIA Apr. 4, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) held that detainees awaiting the reinstatement of a prior removal order are eligible for bond hearings under Rodriguez v. Robbins, 715 F.3d 1127 (9th Cir. 2013), if detained for more than six months. The decision was written by Member Neil Miller.
So Ann Taneisha Morgan, A099 166 966 (BIA Apr. 3, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) upheld a finding that the respondent was ineligible to adjust status under INA 245(i) because she entered on fraudulent passport and had no qualifying relative to apply for a waiver under INA 212(i). The Board remanded the record, however, because the immigration judge failed to consider the respondent’s application for voluntary departure. The decision was written by Member Anne Greer.
Santino Fabian Alarcon-Gomez, A201 227 554 (BIA Apr. 2, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) upheld an order terminating proceedings upon finding bulk cash smuggling under 31 U.S.C. 5332(a) is not a crime involving moral turpitude because it is a "reporting offense" and does not require proof that concealed currency was proceeds of criminal activity. The Board also stated that it could not progress beyond the first step of Matter of Silva-Trevino, 24 I&N Dec. 687 (AG 2008), because it found the offense did not include the required element of moral turpitude. The decision was written by Member Hugh Mullane and joined by Member Michael Creppy and Member Ana Mann.
Luis Miguel Ramirez-Moz, A072 377 892 (BIA Mar. 31, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) held that grand larceny under Va. Code Ann. 18.2-95 is not a categorical theft-related aggravated felony under INA 101(a)(43)(G) because the statute can be applied to fraud offenses. The Board also stated that the Supreme Court's decision in Descamps v. United States, 133 S.Ct. 2276 (2013), overruled Matter of Lanferman, 25 I&N Dec. 721 (BIA 2012), on whether a criminal statute is divisible. The Board concluded, however, that Va. Code Ann. 18.2-95 is divisible under Descamps and that the conviction record demonstrated that the respondent committed a theft- rather than fraud-related offense. The decision was written by Member Patricia Cole.
Eduardo Gomez Juardo, A090 764 102 (BIA Mar. 28, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed a DHS appeal and upheld the termination of proceedings upon finding that assault on a female under N.C. Stat. 14-33(c)(2) is neither a crime involving moral turpitude nor a crime of domestic violence under the categorical approach, and that the statue was not divisible under Descamps v. United States, 133 S. Ct. 2276 (2013). The Board also stated the cyberstalking under N.C. Stat. 14-196.3 is not a crime involving moral turpitude. The decision was written by Member Roger Pauley.