Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
Myoung Sook Lee, A098 772 839 (BIA Mar. 27, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) sustained the respondents’ appeal and remanded for further consideration of their applications for adjustment of status upon finding they had not failed to continuously maintain lawful status for more than 180 days. The Board stated that under 8 CFR 1245.2(a)(5)(ii), an applicant who renews an adjustment application in removal proceedings need not meet the lawful status requirement of INA 245(c) if the requirement was met when the application was originally filed with USCIS. The Board also stated that the application should not be treated as new, rather than renewed, merely because the lead respondent was no longer inadmissible under INA 212(a). The decision was written by Member Teresa Donovan and joined by Member Roger Pauley and Member Linda Wendtland.
Victor Maya Lopez, A201 177 467 (BIA Mar. 26, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record because the immigration judge’s decision contained no reasoned analysis regarding the respondent's contention that he was paroled into the United States to participate in criminal proceedings. The decision was written by Member John Guendelsberger.
Roger Anthony Simmonds, A034 062 738 (BIA Mar. 24, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) reopened proceedings sua sponte in light of recent decisions, including Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014), making the respondent eligible to apply for a waiver of removability under INA 212(c). The decision was written by Member Molly Kendall-Clark.
Dashnor Norra, A088 207 785 (BIA Mar. 21, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) reversed the denial of the respondents’ applications for adjustment of status upon finding they did not fail to maintain "lawful status" under INA 245(k). The Board concluded that the respondents maintained “lawful status” between the filing of their applications for an extension of nonimmigrant status in October 2005 and their approval in March 2009, even though the approval notice stated that their extensions were only valid until May 2006, more than a year before they filed applications to adjust status. The decision was written by Member Roger Pauley and joined by Member Anne Greer and Member Patricia Cole.
Angela Reyes Rodriguez de Jesus, A087 321 551 (BIA Mar. 20, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further consideration of the respondent's motion to reopen based upon ineffective assistance of counsel. The Immigration Judge had faulted the respondent for filing a complaint against her former attorney with the Supreme Court of the Virgin Islands rather than the Virgin Islands Bar Association, but the Board stated that the requirements of Matter of Lozada, 19 I&N Dec. 637 (BIA 1988), “need not be rigidly enforced where their purpose is fully served by other means.” The decision was written by Member Elise Manuel.