Immigration Updates

IRAC Releases March 2016 Update to Index of Unpublished BIA Decisions

The Immigrant & Refugee Appellate Center, LLC, is pleased to release the most recent update to the 2016 edition of the Index of Unpublished BIA Decisions, which now contains decisions issued through March 10, 2016.

Among other newly added cases, the Index now contains decisions:

• Holding that possession of marijuana with intent to distribute under 35 Pa. Cons. Stat. 780-113(a)(30) is not an aggravated felony despite the existence of a separate statute specifically criminalizing the distribution of a small amount of marijuana for no remuneration

• Stating that DHS has unreviewable prosecutorial discretion to initiate removal proceedings under INA § 240 without requiring a respondent to pass a credible fear interview

• Reopening proceedings sua sponte in light of a 2010 change in law rendering HIV-positive individuals no longer inadmissible

• Ordering further consideration of a motion to suppress where the police officer who initially stopped the respondent did not testify at the hearing

The Index can be purchased directly from IRAC for $75, or anonymously through for $100. To purchase the Index directly from IRAC, please email author To purchase the Index anonymously through, click here to log in or sign up for a free account, and then click here to purchase the Index (credit card required). IRAC also offers group pricing to firms, law school clinics, non-profit organizations, and government entities.

IRAC will update the Index on a monthly basis with newly issued unpublished BIA decisions. Individuals who purchase the Index directly from IRAC will receive emails each month for the rest of 2016 containing an updated version of the Index and a separate list of newly added cases. Purchasers will also receive a discount on IRAC’s same day BIA filing service for the rest of 2016.

To preview the Index, and for answers to frequently asked questions, click here or visit

Unpublished BIA Decisions
Index of Unpublished Decisions of The Board of Immigration Appeals (2024 edition)

This Index contains links to more than 5,000 unpublished BIA decisions selected for