Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
Lorenzo Martinez-Delgado, A074 103 780 (BIA Mar. 11, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) terminated proceedings upon finding third degree sexual assault under Wis. Stat. 939.2 not to be an aggravated felony involving sexual abuse of a minor under the modified categorical approach. The Board concluded that although the statute is divisible, the respondent pleaded no contest, nothing in the record of conviction indicated the factual basis for the offense, and the victim's age was not an element of the crime of which the respondent was convicted. The Board also dismissed the charge of removability under INA 237(a)(2)(A)(i) (commission of crime involving moral turpitude within five years of admission) because the offense was committed before the respondent’s adjustment of status. The decision was written by Member Roger Pauley and joined by Member Garry Malphrus and Member John Guendelsberger.
Raul Sainz-Rivera, A091 684 104 (BIA Mar. 10, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) dismissed the charge of deportability and held that Ariz. Rev. Stat. 28-1383(A)(1)—which criminalizes driving under the influence after one’s license has been suspended, canceled, revoked, refused or restricted—is not a categorical crime involving moral turpitude. The Board determined that the statute is not divisible in light of Descamps v. United States, 133 S. Ct. 2276 (2013), because "driving" and being in "actual physical control" of a vehicle are alternative means of committing the offense, not alternative elements as to which jurors must unanimously agree. The decision was written by Member Roger Pauley and joined by Member John Guendelsberger and Member Anne Greer.
Andre Philip Cole, A206 193 520 (BIA Mar. 7, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further proceedings because the respondent’s attorney was not mailed a hearing notice despite having submitted an entry of appearance (Form EOIR-28). The decision was written by Member Elise Manuel and joined by Member John Guendelsberger and Member Sharon Hoffman.
Douglas Shitote, A200 224 343 (BIA Mar. 6, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) faulted the immigration judge for requiring the respondent and his out-of-state counsel to appear at the hearing rather than telephonically when the charges of removability were not contested and appearing in person required them to incur substantial financial difficulty to attend the hearing. The Board ultimately upheld the immigration judge’s decision to deny a change of venue because the respondent was not eligible for any forms of relief. The decision was written by Member Patricia Cole.
Abel Garcia-Jimenez, A205 489 791 (BIA Feb. 28, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) administratively closed proceedings after the Department of Homeland Security agreed to favorably exercise prosecutorial discretion against a respondent who entered without inspection in 2003 but was not otherwise eligible for relief from removal. The decision was issued by Member John Guendelsberger.