Unpublished BIA Decisions

As a public service, IRAC collects and posts noteworthy unpublished decisions from the Board of Immigration Appeals.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 If you have an unpublished decision you would like us to post, please email Ben Winograd.

Index of Unpublished BIA Decisions

IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.

Rosa Lidia Alfaro, A088 966 288 (BIA Feb. 20, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the immigration judge failed to provide the warnings required under 8 CFR 1003.47(d) regarding the failure to submit biometrics before deeming the respondent's application for Temporary Protected Status (TPS) to be abandoned. The decision was written by Member Roger Pauley and joined by Member Patricia Cole and Member Linda Wendtland.

R-P-, AXXX XXX 024 (BIA Feb. 19, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) denied a DHS appeal and upheld a grant of adjustment of status. The Board found the respondent was not inadmissible under INA 212(a)(2)(C) because of the small amount of marijuana at issue and the lack of evidence of any remuneration or commercial aspect to the transaction; not admissible under 212(a)(6)(C) because the fraudulent submission of a letter purportedly written by her father was not a “material” misrepresentation; and warranted a favorable exercise of discretion. The decision was written by Member Roger Pauley.

Esperanza Alcaraz-De Vasquez, A076 626 660 (BIA Feb. 18, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) upheld an order of removal and found the respondent, who was alleged to have fraudulently obtained lawful permanent resident status, was properly charged as an applicant for admission under INA 212(a) upon returning from travel abroad. The decision was written by Member Patricia Cole. Member Roger Pauley wrote a concurring opinion. Member Teresa Donovan wrote a dissenting opinion stating that the respondent should have been charged with deportability under INA 237(a) because none of the exceptions for returning LPRs in INA 101(a)(13)(C) applied.

Jose Dennis Alvarado-Canas, A046 041 673 (BIA Feb. 14, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) declined to reopen proceedings sua sponte upon finding the Supreme Court’s decision in Carachuri-Rosendo v. Holder, 560 U.S. 563 (2010), impacted the respondent’s eligibility for relief rather than his underlying removability. The Board also stated that while it did not base its decision on the timing of the respondent’s motion, “diligence in filing a motion could be a relevant factor to consider in determining whether sua sponte reopening is warranted.” The decision was written by Member Ellen Liebowitz.

Elhadji Mbaye Kende, A093 439 866 (BIA Feb. 12, 2014)

In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the immigration judge did not consider the factors set forth in Matter of Hashmi, 24 l&N Dec. 785 (BIA 2009), in determining whether good cause existed to continue the proceedings. The decision was written by Member John Guendelsberger.