Unpublished BIA Decisions

As a public service, IRAC collects and posts noteworthy unpublished decisions from the Board of Immigration Appeals.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 If you have an unpublished decision you would like us to post, please email Ben Winograd.

Index of Unpublished BIA Decisions

IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.

Luis Alberto Perez, A095 790 490 (BIA Feb. 27, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the Immigration Judge failed to ascertain whether the respondent waived appeal before granting a 120-day period of voluntary departure under INA 240B(a). The decision was written by Vice Chairman Charles Adkins-Blanch.

Erik Mendoza-Olivas, A044 547 316 (BIA Feb. 26, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) reversed a decision denying the respondent’s application for cancellation of removal under INA 240A(a) for failure to have accrued seven years of continuous residence. The Board found that the respondent’s admission to having possessed cocaine was not sufficient to trigger the “stop-time” because the admission was not valid under Matter of K-, 7 I&N Dec. 594 (BIA 1957), which requires respondents to be given an adequate definition of the crime in understandable terms. The decision was written by Member Linda Wendtland and joined by Member Roger Pauley. Member Patricia Cole concurred in the decision.

Patricia Lino, A077 152 460 (BIA Feb. 25, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record sua sponte to consider the respondent’s eligibility for a waiver under INA 212(h) in light of the intervening decision in Negrete-Ramirez v. Holder, No. 10-71322 (9th Cir. 2014), which held that the provision’s aggravated felony bar does not apply to applicants who adjusted to lawful permanent status post-entry. The decision was written by Member Roger Pauley and joined by Member Patricia Cole and Member Anne Greer.

Yessenia Marcelina Silva, A038 923 988 (BIA Feb. 24, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record in light of evidence submitted on appeal indicating that Massachusetts courts "allowed" the respondent’s motion to vacate the conviction underlying the charge of removability. The decision was written by Vice Chairman Charles Adkins-Blanch.

Daniela Gonzalez, A096 813 955 (BIA Feb. 21, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) granted the respondent’s motion to administratively close proceedings in light of the granting of her application under the Deferred Action for Childhood Arrivals (DACA) program. The Board also granted the respondent’s motion to sever proceedings from those of her mother. The decision was written by Member Elise Manuel and joined by Member Sharon Hoffman and Member John Guendelsberger.