Unpublished BIA Decisions
Index of Unpublished BIA Decisions
IRAC also publishes an Index containing links and summaries to hundreds of unpublished decisions selected for their potential to assist respondents in removal proceedings.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 Click this link to preview and purchase the Index of Unpublished Decisions of the Board of Immigration Appeals.
Luis Jose Tipaz Poncio, A201 069 002 (BIA Mar. 19, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record upon finding the Immigration Judge erroneously determined the respondent to be ineligible for voluntary departure. The Board stated that while the respondent's Texas conviction for "Class A" assault with family violence might qualify as a crime involving moral turpitude, it would be subject to the "petty offense" exception in INA 212(a)(2)(A)(ii)(II). The decision was written by Member Sharon Hoffman and joined by Member John Guendelsberger and Member Elise Manuel.
Pangiotis Tsaglas, A097 324 516 (BIA Mar. 18, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record in light of the intervening decision in Keathly v. Holder, 696 F.3d 655 (7th Cir. 2012), which recognized an "official authorization" defense to charges of removability based on unlawful voting under INA 237(a)(6). The Board stated that the sending of a voter registration card to the respondent after he obtained a driver's license would support a finding that the "official authorization" defense would apply to his case. The decision was written by Member Edward Grant.
Jose Cristian Argueta-Martinez, A200 117 964 (BIA Mar. 14, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) remanded the record for further consideration of whether recission of an in absentia removal order was warranted due to lack of notice, or whether reopening was warranted sua sponte or based upon changed country conditions in El Salvador. The decision was written by Member John Guendelsberger.
Vannak Sot, A096 718 092 (BIA Mar. 13, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) upheld the termination of proceedings upon finding the Department of Homeland Security did not meet its burden of showing the respondent was removable under Section 237(a)(1)(A) or 237(a)(1)(G)(ii) of the INA based on marriage from allegations. In the decision below, the immigration judge determined that the DHS did not meet its burden because the respondent’s wife refused to testify and because of the unreliability of the respondent’s statement during a prior interview that he entered a fake marriage. The decision was written by Member Sharon Hoffman.
Paula Andrea Miles, A200 542 498 (BIA Mar. 12, 2014)
In this unpublished decision, the Board of Immigration Appeals (BIA) granted a joint motion to terminate to permit the respondent to apply for adjustment of status before USCIS. The Department of Homeland Security had originally initiated proceedings because the respondent entered on a K visa but did not marry her fiancee until 273 days after admission. The decision was issued by Member David Holmes.