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Department of Justice/EOIR

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  • BIA Terminates Removal Proceedings for Respondent from Bosnia-Herzegovina(870 KB - 9/2/2014)
    Unpublished BIA decision finding that respondent’s willful misrepresentations of his military service in the Army of the Republika Srpska were not material, as they could not have influenced the decision to admit him as a refugee and grant his adjustment application. Courtesy of Paul Djurisic.
    AILA Doc. No. 14090251.
  • BIA Dismisses Charges of Removability Under INA §§237(a)(2)(A)(iii) and 237(a)(2)(E)(i)(853 KB - 9/2/2014)
    Unpublished BIA decision terminating removal proceedings, finding Ninth Circuit law precluded respondent from being removable for an aggravated felony and his conviction of attempted child molestation under Washington law did not qualify as a crime of child abuse. Courtesy of Robert L. Jaeggli.
    AILA Doc. No. 14090250.
  • BIA Holds Conviction Waived Under 212(c) Cannot be Charged as One of Multiple CIMTs (8/29/2014)
    Unpublished BIA decision holds that charge of deportability based on two CIMT convictions cannot be sustained if a 212(c) waiver was granted with respect to one of the convictions, distinguishing Matter of Balderas. Special thanks to IRAC. (Matter of Romero, 6/10/14)
    AILA Doc. No. 14082903.
  • BIA Reopens Sua Sponte to Permit Adjustment Based on Same-Sex Marriage (8/29/2014)
    Unpublished BIA decision reopens proceedings sua sponte in light of respondent’s marriage to his U.S. citizen husband and Supreme Court and BIA decisions recognizing the validity of same-sex marriages under the immigration laws. Special thanks to IRAC (Matter of Lopez, 6/10/14)
    AILA Doc. No. 14082902.
  • BIA Finds Respondent a Flight Risk but Sets Bond at $5,000(646 KB - 8/28/2014)
    Unpublished BIA decision holding that although the respondent is a flight risk, evidence of a fixed address, significant family ties, and her claim of relief from removal provides incentive for her to appear for future immigration proceedings and sets a bond of $5,000.
    AILA Doc. No. 14082845.
  • BIA Says Guatemalan Victim of Domestic Violence Is a Member of a Particular Social Group(578 KB - 8/26/2014)
    The BIA held depending on specific facts, “married women in Guatemala who are unable to leave their relationship” can constitute a cognizable particular social group for asylum or withholding purposes. AILA submitted an amicus brief on this case. Matter of A-R-C-G-, 26 I&N Dec. 388 (BIA 2014)
    AILA Doc. No. 14082644.
  • IJ Grants Motion to Suppress, Finds Traffic Stop Was Egregious Violation of Fourth Amendment (8/25/2014)
    The IJ granted the motions to suppress and terminated removal proceedings for two respondents, finding respondents showed the traffic stop was unconstitutional, as it was not done “pending inquiry into a vehicular violation,” but because of ethnic appearance. Courtesy of Brian C. DiFranco.
    AILA Doc. No. 14082547.
  • BIA Dismisses DHS Interlocutory Appeal Challenging Administrative Closure (8/25/2014)
    Unpublished BIA decision declines to consider DHS interlocutory appeal challenging a decision to administratively close proceedings involving a detained respondent to await the adjudication of an I-130 visa petition filed on his behalf. (Matter of Bronco-Antonio, 6/9/14)
    AILA Doc. No. 14082545.
  • BIA Rescinds In Absentia Order of Respondent with Credible Fear (8/25/2014)
    Unpublished BIA decision rescinds an in absentia removal order against respondent who diligently sought reopening and was found to have a credible fear of persecution. Special thanks to IRAC. (Matter of Aguilera, 6/6/14)
    AILA Doc. No. 14082544.
  • BIA on Terminating Deferral of Removal Under CAT(644 KB - 8/25/2014)
    The BIA concluded that collateral estoppel does not prevent the IJ from reevaluating the alien’s credibility by comparing testimony when granted deferral of removal to testimony given at the termination hearing under 8 CFR §1208.17(d)(3). Matter of C-C-I-, 26 I&N Dec. 375 (BIA 2014)
    AILA Doc. No. 14082541.
  • BIA Holds Guilty Plea Without Conviction Not an Admission of Crime (8/22/2014)
    Unpublished BIA decision states that a guilty plea which results in something less than a "conviction" is not tantamount to an "admission" of the crime. Special thanks to IRAC. (Matter of Garcia, 6/5/14)
    AILA Doc. No. 14082241.
  • BIA Reverses Visa Petition Revocation Based on Insufficient NOIR (8/22/2014)
    Unpublished BIA decision reverses revocation of approved visa petition, finding the evidence in the record did not support the allegations of marriage fraud in the Notice of Intent to Revoke (NOIR). Special thanks to IRAC. (Matter of Bamfo, 6/5/14)
    AILA Doc. No. 14082261.
  • OSC Settles Discrimination Claim Against Staffing Agency(587 KB - 8/21/2014)
    OSC settlement with Real Time Staffing Services LLC, finding that members of the company’s staff required non-U.S. citizens, but not similarly-situated U.S. citizens, to present specific documents during the employment eligibility verification process to establish their work authorization.
    AILA Doc. No. 14082140.
  • BIA Holds Sale of Controlled Substance Under Florida Law Is “Illicit Trafficking” Aggravated Felony(633 KB - 8/19/2014)
    The BIA held there is no mens rea required by the term “illicit” in §893.13(1)(a)(1) of the Florida statutes, where knowledge of the substance is required and an affirmative defense is available to show lack of knowledge of the illegal nature. Matter of L-G-H-, 26 I&N Dec. 365 (BIA 2014)
    AILA Doc. No. 14081947.
  • BIA Finds Removal Does Not Constitute Withdrawal of Appeal (8/15/2014)
    Unpublished BIA decision holds that the removal of the respondent did not result in the withdrawal of an appeal challenging the denial of a timely filed motion to reconsider. Special thanks to IRAC. (Matter of Onyesoh, 6/4/14)
    AILA Doc. No. 14081565.
  • BIA Rescinds In Absentia Order Due to Conflicting Hearing Notices (8/15/2014)
    Unpublished BIA decision rescinds in absentia order where immigration court issued three separate hearing notices, the last of which advanced the date of respondent’s hearing by nearly a year. (Matter of Lopez, 6/4/14)
    AILA Doc. No. 14081564.
  • BIA Holds Massachusetts Assault With a Dangerous Weapon Not an Aggravated Felony (8/14/2014)
    Unpublished BIA decision reopens and terminates proceedings upon finding assault with a dangerous weapon under Mass Gen. Law ch. 265 15A(b) not a crime of violence under United States v. Fish (1st Cir. 2014). Special thanks to IRAC. (Matter of Da Costa, 6/4/14)
    AILA Doc. No. 14081474.
  • BIA Reopens Proceedings Where NTA Misspelled Name of Street (8/14/2014)
    Unpublished BIA decision reopens in absentia order where address on NTA misspelled name of the street on which the respondent resided. Special thanks to IRAC. (Matter of Harnandez, 6/4/14)
    AILA Doc. No. 14081473.
  • OSC Settles Discrimination Claim Against New York Nursing Home(1628 KB - 8/14/2014)
    OSC settlement with Isabella Geriatric Center after finding that it required lawful permanent resident employees to present a new Permanent Resident Card when their prior card expired, even though the Form I-9 and E-Very rules prohibit this practice.
    AILA Doc. No. 14081472.
  • OSC Settles Discrimination Claim Against Travel Management Company(1267 KB - 8/14/2014)
    OSC settlement with Travel Management Company, after finding that it had a U.S. citizenship requirement in job postings for commercial pilot positions, despite the fact that no law, regulation, executive order, or government contract authorized the company to restrict employment in this manner.
    AILA Doc. No. 14081471.
  • BIA Says Respondent Can Apply for Adjustment Because Entry Was Procedurally Regular(739 KB - 8/14/2014)
    Unpublished BIA decision sustaining appeal and remanding, citing Matter of Quilantan in finding that for purposes of adjustment of status eligibility, a noncitizen need only prove procedural regularity in her entry and not the precise date. Courtesy of Stephen Yale-Loehr.
    AILA Doc. No. 14081460.
  • BIA Rescinds In Absentia Order Due to Ineffective Assistance of Counsel (8/13/2014)
    Unpublished BIA decision rescinds in absentia order where respondent’s failure to appear was due to former attorney's failure to answer telephone calls or notify the respondent of the time and date of the hearing. Special thanks to IRAC. (Matter of Mirorifovich Kabilov, 6/3/14)
    AILA Doc. No. 14081368.
  • BIA Rescinds In Absentia Order and Changes Venue Sua Sponte (8/12/2014)
    Unpublished BIA decision rescinds in absentia order against respondent who was four years old at the time of the hearing, and changes venue from Texas to Florida to permit joinder of proceedings with respondent’s brother. Special thanks to IRAC. (Matter of Murillo, 6/3/14)
    AILA Doc. No. 14081244.
  • BIA Orders Further Consideration of Sham Marriage Determination (8/12/2014)
    Unpublished BIA decision orders further consideration of motion for continuance pending adjudication of appeal of denied I-130, notes that USICS may not rely exclusively on prior sham marriage finding. Special thanks to IRAC. (Matter of Abella, 6/2/14)
    AILA Doc. No. 14081242.
  • BIA Administratively Closes Proceedings Pending Availability of U Visa (8/11/2014)
    Unpublished BIA decision administratively closes proceedings in light of the approval of the respondent’s U visa application and the grant of deferred action until a U visa becomes available. Special thanks to IRAC. (Matter of Barba Arreaga, 6/2/14)
    AILA Doc. No. 14081144.
  • BIA Reopens Proceedings Due to Paralegal Error (8/11/2014)
    Unpublished BIA decision reopens proceedings where respondent was removed in absentia and a paralegal filed a change of address form without the respondent’s consent. Special thanks to IRAC. (Matter of Figueroa, 5/30/14)
    AILA Doc. No. 14081143.
  • BIA Finds Respondent Did Not “Voluntarily” Overstay Voluntary Departure Period (8/8/2014)
    Unpublished BIA decision finds respondent did not "voluntarily" overstay period of voluntary departure because IJ previously promised to reopen proceedings if Form I-130 was granted during the departure period. Special thanks to IRAC. (Matter of Maedgen, 5/30/14)
    AILA Doc. No. 14080848.
  • BIA Sustains Appeal in Cancellation of Removal Denial(565 KB - 8/6/2014)
    The BIA held that false testimony given by respondent more than three years prior to entry of a final administrative order should not be considered in determining whether she is barred from establishing good moral character under INA §101(f)(6). Matter of M-L-M-A-, 26 I&N Dec. 360 (BIA 2014)
    AILA Doc. No. 14080640.
  • BIA Finds Non-Physical Abuse Qualifies as "Extreme Cruelty" (8/5/2014)
    Unpublished BIA decision finds respondent eligible for special rule cancellation under VAWA based on the psychological abuse caused by her husband’s alcoholism and gambling. Special thanks to IRAC. (Matter of B-J-G-, 5/29/14).
    AILA Doc. No. 14080544.
  • BIA Reopens Sua Sponte Based on Negligence of Prior Attorney’s Law Firm (8/1/2014)
    Unpublished BIA decision reopens proceedings sua sponte because the law firm of the respondents’ prior attorney failed to file a motion to substitute and did not advise respondent of deadline to submit adjustment application. Special thanks to IRAC. (Matter of Martinez, 5/29/14)
    AILA Doc. No. 14080105.
  • BIA Finds IJ Erred in Terminating Proceedings In Lieu of Granting Administrative Closure (8/1/2014)
    Unpublished BIA decision grants DHS appeal and finds IJ erred in terminating proceedings without prejudice rather than grant a joint request for administrative closure. Special thanks to IRAC. (Matter of Mwaniki, 5/29/14)
    AILA Doc. No. 14080143.
  • BIA Says Pro Se Respondent’s Failure to Pay Filing Fee Does Not Require Denial of Motion (8/1/2014)
    Unpublished BIA decision remands record for further consideration of motion to reopen in absentia order and says pro se respondent’s failure to pay filing fee was an insufficient basis for denial. Special thanks to IRAC. (Matter of Kemboi, 5/29/14)
    AILA Doc. No. 14080141.
  • BIA Upholds Finding of Mental Incompetency and Remands for Consideration of Safeguards (7/30/2014)
    Unpublished BIA decision upholds finding that respondent was mentally incompetent to participate in proceedings but remands to consider appropriateness of safeguards other than administrative closure. Special thanks to IRAC. (Matter of Benitez-Lopez, 5/29/14)
    AILA Doc. No. 14073050.
  • BIA Says Testimony Alone Sufficient to Prove Waive-Through at Port of Entry (7/30/2014)
    Unpublished BIA decision holds credible testimony sufficient to meet respondent’s burden of proving “admission” under Matter of Quilantan by being waived through a port of entry. Special thanks to IRAC. (Matter of Fonseca, 5/27/14)
    AILA Doc. No. 14073049.
  • BIA Holds Iowa Delivery of Marijuana Not an Aggravated Felony (7/25/2014)
    Unpublished BIA decision holds delivery of marijuana under Iowa Code 124.401(1)(d) is not a drug trafficking aggravated felony under Moncrieffe v. Holder. Special thanks to IRAC. (Matter of Telesford, 5/27/14)
    AILA Doc. No. 14072501.
  • BIA Withdraws from Lanferman, Citing Descamps(599 KB - 7/25/2014)
    The BIA held that it did not have authority to continue to apply the divisibility analysis used in Lanferman and found respondent was not removable due to an aggravated felony but was removable due to his firearms conviction. Matter of Chairez-Castrejon, 26 I&N Dec. 349 (BIA 2014)
    AILA Doc. No. 14072541.
  • BIA Holds New York Fourth Degree Arson Not a CIMT (7/21/2014)
    Unpublished BIA decision finds fourth degree arson under N.Y.P.L. 150.05 not a CIMT because perpetrators need not intend to damage property and says Descamps overrules Matter of Lanferman on divisibility. Special thanks to IRAC. (Matter of Hernandez-Hernandez, 5/20/14)
    AILA Doc. No. 14072151.
  • BIA Says New I-751 Need Not Be Filed in Removal Proceedings (7/21/2014)
    Unpublished BIA decision holds IJ erred in finding respondent abandoned his I-751, saying he should have relied on joint petition denied by USCIS. Special thanks to IRAC. (Matter of Godke, 5/16/14)
    AILA Doc. No. 14072150.
  • BIA Says No Need to Spend 10-Year Bar Under INA §212(a)(9)(A)(ii) Outside the U.S.(707 KB - 7/21/2014)
    Unpublished BIA decision finding that respondent was not inadmissible under INA §212(a)(9)(A)(ii) and therefore, did not require an I-212 waiver, since more than 10 years had passed since the time he was ordered removed in 2002, even though he reentered in 2006. Courtesy of Araceli Perez-Brizo.
    AILA Doc. No. 14072147.
  • BIA Quashes Subpoena as Overbroad (7/21/2014)
    Unpublished BIA decision sustains interlocutory DHS appeal challenging subpoena requiring production of documents from ICE and FBI as the IJ subpoena power is limited in nature. Special thanks to IRAC. (Matter of Qatanani, 5/13/14)
    AILA Doc. No. 14072143.
  • OCAHO Topical Index of Cases (Updated August 2014)(1794 KB - 8/12/2014)
    Cumulative topical index of published and indexed OCAHO decisions, volumes 1 through 11, which was last updated in August 2014.
    AILA Doc. No. 14042455.
  • BIA Says IJs Must Explain Appeal Waiver is Irrevocable (7/18/2014)
    Unpublished BIA decision finds respondent’s waiver of appeal was not knowing and intelligent because IJ did not explain that it was irrevocable. Special thanks to IRAC. (Matter of Mullins, 5/8/14)
    AILA Doc. No. 14071848.
  • BIA Says Mental Health Should Not Be Considered in “Particularly Serious Crime” Analysis(522 KB - 7/17/2014)
    The BIA held that a noncitizen’s mental health is not a factor to be considered in assessing whether he or she has been convicted of a particularly serious crime under INA §241(b)(3)(B). Matter of G-G-S-, 26 I&N Dec. 339 (BIA 2014)
    AILA Doc. No. 14071744.
  • OCAHO Reassesses Penalties for Restaurant with Knowing Hire and Paperwork Violations(6499 KB - 7/17/2014)
    OCAHO final decision adjusted proposed penalties by increasing the knowing hire penalty, stating that this violation is virtually never done in good faith, but lowering the penalties for paperwork violations as they appeared disproportionate. (U.S. v. Jalisco’s Bar and Grill, Inc., 6/27/14)
    AILA Doc. No. 14071741.
  • BIA Reverses Cancellation Denial, Says USC Daughters Would Experience FGM in Senegal(614 KB - 7/16/2014)
    Unpublished BIA decision reversing and vacating cancellation denial, citing country reports and finding that respondent met her burden of establishing extreme hardship to U.S. citizen daughters if they were removed to Senegal, as they would be subject to FGM. Courtesy of Theodore M. Davis.
    AILA Doc. No. 14071655.
  • BIA Terminates Proceedings After Criminal Judge Clarifies Sentence (7/16/2014)
    Unpublished BIA decision terminates proceedings after taking administrative notice of an order from the state trial judge clarifying that the respondent’s entire sentence was to be served on probation. Special thanks to IRAC. (Matter of Ruela, 5/5/14)
    AILA Doc. No. 14071653.
  • BIA Orders Consideration of Eligibility for Provisional Waiver (7/16/2014)
    Unpublished BIA decision remands record for consideration of request for administrative closure and eligibility for unlawful presence waiver. Special thanks to IRAC. (Matter of Ayebae, 5/1/14)
    AILA Doc. No. 14071652.
  • BIA Asks IJ to Consider Loss of Income from Both Parents if One Parent Is Removed(564 KB - 7/16/2014)
    Unpublished BIA decision remanding cancellation denial, finding IJ did not consider the fact that child’s mother works in respondent’s janitorial business, and did not consider financial impact of loss of income from both parents, as a result of his removal. Courtesy of Diana M. Bailey.
    AILA Doc. No. 14071645.
  • BIA Sustains Appeal and Finds Respondent Eligible for Cancellation of Removal(1040 KB - 7/11/2014)
    Unpublished BIA decision sustaining the appeal and holding that the respondent was eligible for cancellation of removal, finding that the IJ erred in determining that respondent’s testimony was not credible regarding the dates of entry. Courtesy of Diana M. Bailey.
    AILA Doc. No. 14071144.
  • BIA Remands to Consider Claim Involving “Interfiling” of I-140 (7/11/2014)
    Unpublished BIA decision remands for further consideration of the respondent’s adjustment application and first Form I-140 and whether he maintained lawful status in light of the “interfiling” of a second I-140 that was found to be fraudulent. Special thanks to IRAC. (Matter of Hong, 4/29/14)
    AILA Doc. No. 14071160.
  • OCAHO Reduces Penalties After Reviewing Seriousness of Violations(624 KB - 7/10/2014)
    OCAHO final decision reduced the penalties, but stated that it disagreed with Golf that failing to sign the section 2 attestation for nearly all its employees was a “single, benign error,” and instead reflected a pattern of serious violations. (U.S. v. Golf International, 6/13/14)
    AILA Doc. No. 14071047.
  • BIA Orders Further Consideration of Adjustment Application (7/10/2014)
    Unpublished BIA decision reopens proceedings in light of evidence submitted on appeal indicating respondent’s conviction involved less than 30 grams of marijuana, making him eligible to adjust status with a 212(h) waiver. Special thanks to IRAC. (Matter of Gamanga, 4/29/14)
    AILA Doc. No. 14071044.
  • BIA Finds Failure to Prepare Affidavit of Support Constitutes Ineffective Assistance (7/10/2014)
    Unpublished BIA decision finds respondent established a prima facie case of ineffective assistance based on allegations that prior attorney failed to prepare and submit Form I-864 in connection with adjustment application. Special thanks to IRAC. (Matter of Kurgat, 4/25/14)
    AILA Doc. No. 14071043.
  • BIA Finds N.Y. Attempted Second Degree Gang Assault Not CIMT (7/9/2014)
    Unpublished BIA decision terminates proceedings and holds New York attempted second degree gang assault is not a CIMT because the offense is “legally impossible” for trial purposes. Special thanks to IRAC. (Matter of Clase, 4/25/14)
    AILA Doc. No. 14070944.
  • BIA Rescinds In Absentia Order Because Adult Did Not Receive Hearing Notice (7/9/2014)
    Unpublished BIA rescinds in absentia order under Flores-Chavez v. Ashcroft, 362 F.3d 1150 (9th Cir. 2004), because the respondent was a juvenile and no adult was notified of the hearing. Special thanks to IRAC. (Matter of Rojop-Hernandez, 4/23/14)
    AILA Doc. No. 14070943.
  • BIA Upholds Grant of Adjustment Despite Illegal Re-Entry During Three-Year Bar (7/8/2014)
    Unpublished BIA decision finds respondent eligible to adjust status under INA 245(i) despite having illegally re-entered the country because he was no longer subject to the three-year unlawful presence bar. Special thanks to IRAC. (Matter of Cruz, 4/9/14)
    AILA Doc. No. 14070851.
  • BIA Finds Pro Se Respondent Not Given Adequate Time to Seek Counsel (7/7/2014)
    Unpublished BIA decision holds that a nine-day continuance over a holiday period for a detained respondent who did not speak English was insufficient time to retain counsel. Special thanks to IRAC. (Matter of Castillo, 4/9/14)
    AILA Doc. No. 14070748.
  • IJ Finds Noncitizen Respondent Was Misled By Government on Eligibility to Vote(1070 KB - 7/7/2014)
    The IJ found that the defense of official authorization was established, the respondent was not inadmissible under INA §212(a)(1)(D), and that she was otherwise qualified to adjust status and granted her application. Courtesy of Richard Hanus.
    AILA Doc. No. 14070746.
  • BIA Remands for 212(c) Hearing (7/7/2014)
    Unpublished BIA decision finds respondent eligible for 212(c) waiver for conviction sustained after jury trial, finding Matter of Abdelghany trumps Sixth Circuit decision in Kellerman. Special thanks to IRAC. (Matter of J-G, 4/9/14)
    AILA Doc. No. 14070744.
  • OSC Settlement Resolving Employment Verification Discrimination Claims(536 KB - 7/7/2014)
    OSC settlement with Commercial Cleaning Systems for $53,500 in civil penalties and $25,000 in back pay, resolving claims that it subjected work-authorized non-U.S. citizens to present specific documentation in order to verify their employment eligibility. Investigation based on referral from USCIS.
    AILA Doc. No. 14070743.
  • BIA Terminates Proceedings Sua Sponte After Circuit Ruling (7/3/2014)
    Unpublished BIA decision reopens and terminates proceedings sua sponte in light of Third Circuit decision finding respondent non-removable but not remanding for further proceedings. Special thanks to IRAC. (Matter of Borrome, 4/7/14)
    AILA Doc. No. 14070342.
  • OCAHO Grants OSC’s Motion to Compel in H-2B Discrimination Case(2983 KB - 7/2/2014)
    In case alleging favoritism of H-2B employees, OCAHO orders supplemental documents and answers to interrogatories for 2010 and 2011 be provided within 30 days, finding that the discovery sought is relevant and the requests are not overly broad. (U.S. v. Autobuses Ejecutivos, 5/29/14)
    AILA Doc. No. 14070246.
  • BIA Says Proof that Noncitizen Knew of Fraud in Application Is Not Required for Terminating Asylum Grant(526 KB - 7/2/2014)
    The BIA held DHS is not required to establish that a noncitizen knew of the fraud in the application in order to terminate an asylum grant, yet DHS must still separately prove the noncitizen was not eligible for asylum at the time it was granted. Matter of P-S-H-, 26 I&N Dec. 329 (BIA 2014)
    AILA Doc. No. 14070241.
  • BIA Remands Humanitarian Asylum Claim for IJ to Consider “Other Serious Harm” in Haiti(598 KB - 6/25/2014)
    Unpublished BIA decision remanding for further fact finding and a new analysis of respondent’s request for humanitarian asylum, finding the IJ did not consider the claim through the “other serious harm” framework discussed in Matter of L-S-. Courtesy of Disna M. Weerasinghe.
    AILA Doc. No. 14062551.
  • BIA Holds Detainees Awaiting Reinstatement Eligible for Bond Hearings in Ninth Circuit (6/25/2014)
    Unpublished BIA decision holds that detainees awaiting the reinstatement of a prior removal order are eligible for bond hearings under Rodriguez v. Robbins, 715 F.3d 1127 (9th Cir. 2013), if detained for more than six months. Special thanks to IRAC. (Matter of Quezada, 4/4/14)
    AILA Doc. No. 14062547.
  • OCAHO Readjusts Penalty after Vacating Initial Decision(3497 KB - 6/24/2014)
    OCAHO initially assessed penalty at $1650 but because assessment was based on inference drawn from misreading the record, the penalty was de novo. After reconsideration, OCAHO still found factors inclined in respondent’s favor and adjusted penalty to $6750. (U.S. v. Crescent City, 6/24/14)
    AILA Doc. No. 14062499.
  • BIA Rescinds In Absentia Order Because Counsel Was Not Notified of Hearing (6/24/2014)
    Unpublished BIA decision rescinds in absentia removal order where respondent’s prior counsel submitted statement saying he did not receive hearing notice, noting respondent acted diligently in seeking reopening. Special thanks to IRAC. (Matter of Foster, 4/3/14)
    AILA Doc. No. 14062442.
  • BIA Orders Further Consideration of Adjustment Application under 245(i) (6/20/2014)
    Unpublished BIA decision remands for further consideration of adjustment application under section 245(i) where IJ should have accepted partially complete evidence and failed to analyze positive and negative equities. Special thanks to IRAC. (Matter of Hernandez, 3/31/14)
    AILA Doc. No. 14062052.
  • BIA Holds Parent’s Continuous Physical Presence and Residence in U.S. Cannot Be Imputed to Child to Establish Child’s TPS Eligibility(502 KB - 6/20/2014)
    The Board sustained the appeal and remanded, holding that a parent’s continuous physical presence and continuous residence in the U.S. cannot be imputed to a child for purposes of establishing the child’s eligibility for TPS. Matter of Duarte-Luna, 26 I&N Dec. 325 (BIA 2014)
    AILA Doc. No. 14062046.
  • BIA Holds Virginia Grand Larceny Not a Theft-Related Aggravated Felony (6/19/2014)
    Unpublished BIA decision holds grand larceny under Va. Code 18.2-95 is not a categorical theft-related aggravated felony because the statute can be applied to fraud offenses, but that the statute is divisible under Descamps. Special thanks to IRAC. (Matter of Ramirez, 3/31/14)
    AILA Doc. No. 14061942.
  • BIA Reopens and Terminates Proceedings After Post-Departure Bar Struck Down (6/18/2014)
    Unpublished BIA decision reopens and terminates proceedings in light of DHS non-opposition following remand from First Circuit decision striking down post-departure bar in 8 CFR 1003.2(d). Special thanks to IRAC. (Matter of Perez, 3/31/14)
    AILA Doc. No. 14061844.
  • BIA Holds North Carolina Assault on Female Not a CIMT or Crime of Domestic Violence (6/17/2014)
    Unpublished BIA decision holds assault on female under N.C. Stat. 14-33(c)(2) is not a categorical CIMT or a crime of domestic violence, and that the statue is not divisible under Descamps v. U.S., 133 S. Ct. 2276 (2013). Special thanks to IRAC. (Matter of Jurado, 3/28/14)
    AILA Doc. No. 14061744.
  • DHS Congressional Advisory on Unaccompanied Alien Children(652 KB - 6/12/2014)
    A 6/11/14 Department of Homeland Security Congressional Advisory on unaccompanied alien children showing number of daily apprehensions from 5/17/14-6/10/14. Apprehensions are also broken down by holding facilities.
    AILA Doc. No. 14061250.
  • BIA Holds Asylum Applicant Does Not Need to Establish Prima Facie Eligibility To Obtain Merits Hearing(506 KB - 6/12/2014)
    The Board held that an applicant for asylum or withholding of removal is entitled to a hearing on the merits without first having to establish prima facie eligibility for the requested relief. Matter of E-F-H-L, 26 I&N Dec. 319 (BIA 2014)
    AILA Doc. No. 14061249.
  • OCAHO Reduces Penalties for Large Texas Manufacturer and Wholesaler(5704 KB - 6/12/2014)
    OCAHO reduced the penalties against the employer, rejecting ICE’s assessment which treated all 68 violations equally, noting that the 54 violations for failure to prepare I-9 forms were more serious than the 14 which involved paperwork violations. (U.S. v. Senox Corporation, 6/3/14)
    AILA Doc. No. 14061245.
  • OCAHO Reduces Penalties for Small Arizona Hotel(5924 KB - 6/12/2014)
    OCAHO reduced penalty from $89,806.75 to $25,500 finding that the proposed penalty was 91% of the maximum permissible and that the penalty should be “sufficiently meaningful” without being “unduly punitive” in light of the respondent’s resources. (U.S. v. Century Hotels Corporation, 5/27/14)
    AILA Doc. No. 14061244.
  • BIA Reverses Denial of Continuance for Respondent Seeking U Visa (6/11/2014)
    Unpublished BIA decision reverses denial of unopposed motion for continuance submitted after filing of U visa application supported by signed law enforcement certification. Special thanks to IRAC. (Matter of Carrillo, 3/28/14)
    AILA Doc. No. 14061146.
  • BIA Faults IJ For Incorporating By Reference to DHS Brief (6/11/2014)
    Unpublished BIA decision remands record where IJ issued summary decision incorporating by reference the reasoning in the DHS brief. Special thanks to IRAC. (Matter of Yang, 3/28/14)
    AILA Doc. No. 14061144.
  • BIA Grants Remand After Filing of U Visa Application (6/10/2014)
    Unpublished BIA decision grants motion to remand over DHS opposition in light of filing of U visa petition supported by approved law enforcement certification. Special thanks to IRAC. (Matter of Ramos, 3/28/14)
    AILA Doc. No. 14061047.
  • BIA Upholds Grant of §237(a)(1)(H) Waiver (6/10/2014)
    Unpublished BIA decision upholds grant of waiver under INA §237(a)(1)(H) where DHS failed to preserve argument regarding respondent’s participation in Srebrenica Massacre, and where respondent merited a favorable exercise of discretion. Special thanks to IRAC. (Matter of B-S-, 3/24/14)
    AILA Doc. No. 14061046.
  • BIA Says Ineffective Assistance of Counsel Can Excuse Failure to Appear (6/9/2014)
    Unpublished BIA decision remands for consideration of whether respondent’s failure to appear was due to exceptional circumstances, including ineffective assistance of counsel. Special thanks to IRAC. (Matter of Gomez-Alonzo, 3/26/14)
    AILA Doc. No. 14060944.
  • BIA Orders Further Consideration of Request for Continuance (6/9/2014)
    Unpublished BIA decision remands record where IJ denied motion for continuance without considering Hashmi factors, USCIS had not forwarded appeal from denial of first visa petition, and second visa petition remained pending. Special thanks to IRAC. (Matter of Kinyanjui, 3/26/14)
    AILA Doc. No. 14060943.
  • BIA Remands to Consider Eligibility for Provisional Waiver (6/6/2014)
    Unpublished BIA decision remands record in light of intervening publication of final regulations establishing provisional unlawful presence waivers (Form I-601A), and if so, whether administrative closure was appropriate. Special thanks to IRAC. (Matter of Paredes, 3/24/14)
    AILA Doc. No. 14060603.
  • BIA Finds No Willful Misrepresentation by Respondent Unaware of Divorce (6/6/2014)
    Unpublished BIA decision finds DHS did not prove respondent committed willful misrepresentation where he was unaware his wife had finalized their divorce prior to their joint interview. Special thanks to IRAC. (Matter of Sowah, 3/24/14)
    AILA Doc. No. 14060602.
  • BIA Holds “Legally Impossible” Offense Not CIMT(964 KB - 6/5/2014)
    Unpublished BIA decision terminates proceedings and holds New York attempted second degree gang assault is not a CIMT because the offense is “legally impossible” for trial purposes. Courtesy of Ben Winograd. (Matter of Clase, 4/25/14)
    AILA Doc. No. 14060544.
  • BIA Reopens Sua Sponte for Waiver Under Former §212(c) (5/29/2014)
    Unpublished BIA decision reopens proceedings sua sponte in light of Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014), and other decisions making respondent eligible for waiver under former INA §212(c). Special thanks to IRAC. (Matter of Simmonds, 3/24/14)
    AILA Doc. No. 14052949.
  • BIA Grants DHS Motion to Remand Following CA7 Decision in Margulis (5/29/2014)
    Unpublished BIA decision grants DHS motion to remand to permit petitioner in Margulis v. Holder, 725 F.3d 385 (7th Cir. 2013), to apply for a standalone 212(h) waiver despite prior BIA finding that he was not seeking admission. Special thanks to IRAC. (Matter of Margulis, 3/21/14)
    AILA Doc. No. 14052948.
  • OCAHO Vacates Final Decision and Remands for Reconsideration(507 KB - 5/29/2014)
    OCAHO vacated the prior decision and remanded for reconsideration of penalty assessment after finding that ALJ’s penalty assessment was based at least in part on a finding of fact and conclusion of law that was not supported by the record. (U.S. v. Crescent City Meat Company, Inc., 5/22/14)
    AILA Doc. No. 14052941.
  • BIA Finds Adjustment Application Not Abandoned (5/28/2014)
    Unpublished BIA decision finds respondents did not abandon adjustment application where IJ failed to advise him of the consequences of failing to file his criminal record or updating his fingerprints. Special thanks to IRAC. (Matter of Toma, 3/20/14)
    AILA Doc. No. 14052845.
  • BIA Remands to Consider Adjustment Application (5/28/2014)
    Unpublished BIA decision remands record due to possible naturalization and filing of visa petition by respondent’s adult daughter and states that proceedings should be continued while I-130 is pending. Special thanks to IRAC. (Matter of David, 3/20/14)
    AILA Doc. No. 14052844.
  • BIA Orders Further Consideration of Ineffective Assistance Claim (5/28/2014)
    Unpublished BIA decision remands for further consideration of ineffective assistance of counsel and states that requirements of Matter of Lozada “need not be rigidly enforced where their purpose is fully served by other means.” Special thanks to IRAC. (Matter of Rodriguez, 3/20/14)
    AILA Doc. No. 14052843.
  • BIA Says Texas Class A Assault Qualifies for Petty Offense Exception (5/28/2014)
    Unpublished BIA decision says Texas conviction for “Class A” assault would qualify for petty offense exception even if it is a CIMT. Special thanks to IRAC. (Matter of Tipaz, 3/19/14)
    AILA Doc. No. 14052861.
  • BIA Orders Further Consideration of "Official Authorization" Defense to Unlawful Voting Charge (5/28/2014)
    Unpublished BIA decision remands record to consider whether respondent has valid defense to unlawful voting charge based on receipt of state voter registration card. Special thanks to IRAC. (Matter of Tsaglas, 3/18/14)
    AILA Doc. No. 14052860.
  • BIA Orders Further Consideration of Motion to Suppress Based on Racial Profiling (5/27/2014)
    Unpublished BIA decision remands for further consideration of motion to suppress because IJ failed to consider the argument that the initial stop by Border Patrol was motivated by racial profiling. Special thanks to IRAC. (Matter of Munoz-Barahona, 3/18/14)
    AILA Doc. No. 14052746.
  • BIA Vacates Denial of Continuance Pending U Visa Application (5/27/2014)
    Unpublished BIA decision remands record because IJ denied request for continuance pending the adjudication of a U visa application without considering DHS’ response and or whether the petition was prima facie approvable. Special thanks to IRAC. (Matter of Fuentes, 3/13/14)
    AILA Doc. No. 14052745.
  • BIA Upholds Finding that Marriage Fraud Admission Was Not Reliable (5/22/2014)
    Unpublished BIA decision upholds termination of proceedings where DHS failed to establish marriage fraud due in part to the unreliability of a statement during a prior interview that marriage was fake. Special thanks to IRAC. (Matter of Sot, 3/13/14)
    AILA Doc. No. 14052200.
  • IJ Finds Venezuelan Petitioner Entitled to Relief Under VAWA and Cancellation of Removal(3673 KB - 5/21/2014)
    The IJ found respondent entitled to relief under VAWA and INA § 240A(b)(2), finding that she was abused by her USC spouse and positive factors such as her good moral character outweighed the fact that she overstayed her visitor visa. Courtesy of Patricia S. Cooper.
    AILA Doc. No. 14052107.
  • BIA Holds It Lacks Jurisdiction to Review “No Risk” Determination in Adam Walsh Act Cases(1676 KB - 5/21/2014)
    The Board held that it does not have jurisdiction to review a “no risk” determination by USCIS when reviewing cases involving the Adam Walsh Act, including the appropriate standard of proof to be applied. Matter of Aceijas-Quiroz, 26 I&N Dec. 294 (BIA 2014)
    AILA Doc. No. 14052162.
  • BIA Holds That USCIS Can Consider Underlying Conduct in Adam Walsh Act Cases(4790 KB - 5/21/2014)
    The Board held that USCIS may inquire into the facts and conduct underlying a petitioner’s conviction to determine if it is a “specified offense against a minor” under the Adam Walsh Act. Matter of Introcaso, 26 I&N Dec. 304 (BIA 2014)
    AILA Doc. No. 14052161.
  • BIA Upholds Retroactive Application of Adam Walsh Act(2685 KB - 5/21/2014)
    The Board held that the Adam Walsh Act (AWA) does not have an impermissible retroactive effect when applied to convictions that occurred before AWA was enacted. Matter of Jackson and Erandio, 26 I&N Dec. 314 (BIA 2014)
    AILA Doc. No. 14052160.
  • BIA Remands Case Involving Indiana “Synthetic Identity Deception” (5/20/2014)
    Unpublished BIA decision remands for consideration of whether "synthetic identity deception" under Ind. Code 35-43-5-3.8(a)(3) is divisible in light of Descamps v. U.S. Special thanks to IRAC. (Matter of Ugarte Delgado, 3/13/14)
    AILA Doc. No. 14052003.
  • BIA Applies §212(c) Waiver for Convictions Before and After April 1, 1997(3173 KB - 5/19/2014)
    Unpublished BIA decision for petitioner with 1991 and 1995 convictions, sustaining the appeal and reversing the IJ’s holding that the respondent’s 2010 conviction disqualifies him from a §212(c) waiver. Courtesy of Belinda Arroyo.
    AILA Doc. No. 14051954.
  • OCAHO States E-Verify Participation Does Not Entitle Employer to Blanket Protection(508 KB - 5/19/2014)
    OCAHO grants partial summary decision and schedule for supplemental filings, and states that while respondent contends that E-Verify participation entitles it to a presumption that it has not violated the law, E-Verify provides no such blanket protection. (U.S. v. Golf International, 3/26/14)
    AILA Doc. No. 14051950.
  • BIA Terminates Proceedings Against K Visa Holder Who Failed to Marry Within 90 Days (5/19/2014)
    Unpublished BIA decision grants joint motion to terminate to permit adjustment of status before USCIS by respondent who entered on K visa but failed to marry for 273 days. Special thanks to IRAC. (Matter of Miles, 3/12/14)
    AILA Doc. No. 14051946.
  • BIA Holds Wisconsin Offense Not Sexual Abuse of a Minor (5/19/2014)
    Unpublished BIA decision holds Wisconsin third degree sexual assault is not an aggravated felony involving sexual abuse of a minor in part because the victim's age is not an element of the crime. Special thanks to IRAC. (Matter of Martinez, 3/11/14)
    AILA Doc. No. 14051945.
  • BIA Remands to Consider Whether Wisconsin Offense is Aggravated Felony Under Moncrieffe (5/19/2014)
    Unpublished BIA decision remands to consider whether delivery of THC in Wisconsin is an aggravated felony, stating that the statute "must indicate that the offense involved either remuneration or more than a small amount of marijuana." Special thanks to IRAC. (Matter of Pham, 3/11/14)
    AILA Doc. No. 14051944.
  • BIA Holds DUI on Suspended License Not a CIMT (5/9/2014)
    Unpublished BIA decision holds DUI while on a suspended license under Ariz. Rev. Stat. 28-1383(A)(1) is not a categorical CIMT and that statute is not divisible under Descamps v. United States. Special thanks to IRAC. (Matter of Sainz, 3/10/14)
    AILA Doc. No. 14050945.
  • BIA on Visa Petitions by Stepparents (5/9/2014)
    Unpublished BIA decision states that proof of active parenting and continuing financial support by stepparent is not required to find stepchild eligible for a visa petition. Special thanks to IRAC. (Matter of Alvarado Cortez, 3/10/14)
    AILA Doc. No. 14050944.
  • OSC Settlement with Denver Janitorial Company on Discrimination Claim(536 KB - 5/9/2014)
    OSC settlement with Master Klean Janitorial for $75,000 in civil penalties, resolving claims that it subjected work-authorized non-U.S. citizen new hires to unlawful demands for specific documentation in order to verify their employment eligibility. Investigation was based on a referral from USCIS.
    AILA Doc. No. 14050942.
  • BIA Holds Tennessee Burglary Offense Not an Aggravated Felony(4072 KB - 5/7/2014)
    Unpublished BIA decision terminating proceedings, finding that Tennessee Code 39-14-401 is not an aggravated felony because the statute includes vehicles in its definition of “habitation” and the record did not clarify what type of habitation was subject of the conviction. Courtesy of James Spokes.
    AILA Doc. No. 14050740.
  • OCAHO Reduces Fine, Finding ICE Overreached(3071 KB - 5/6/2014)
    OCAHO reduced fine for a mom and pop family business, from $14,025 to $1,650, stating in the decision that “ICE overreaches when it issues a NIF and files a complaint containing allegations that the government actually knows to be false.” (U.S. v. Crescent City Meat Company, Inc., 4/22/14)
    AILA Doc. No. 14050646.
  • BIA Remands for Further Consideration of Motion to Suppress (5/6/2014)
    Unpublished BIA decision remands for further consideration of motion to suppress because IJ made no findings regarding traffic stop conducted by local police or whether the respondent was interviewed by a federal immigration officer. Special thanks to IRAC. (Matter of Fonseca, 3/10/14)
    AILA Doc. No. 14050640.
  • BIA Remands Record to Consider Application Deemed Abandoned by IJ (5/5/2014)
    Unpublished BIA decision grants DHS motion to remand to let respondent to submit CAT claim deemed abandoned by IJ because it was not filed by a court-imposed deadline. Special thanks to IRAC. (Matter of Mateo Mateo, 3/10/14)
    AILA Doc. No. 14050548.
  • BIA Remands Record Because Attorney Was Not Mailed Hearing Notice (5/5/2014)
    Unpublished BIA decision remands record because respondent’s attorney was not mailed hearing notice despite having submitted an entry of appearance (Form EOIR-28). Special thanks to IRAC. (Matter of Cole, 3/7/14)
    AILA Doc. No. 14050546.
  • BIA Criticizes IJ For Denying Motion to Appear Telephonically (4/30/2014)
    Unpublished BIA decision faults IJ for denying motion for telephonic appearance when the charges of removability were not contested and appearing in person required respondent and counsel to incur substantial financial difficulty. Special thanks to IRAC. (Matter of Shitote, 3/6/14)
    AILA Doc. No. 14043062.
  • BIA Administratively Closes Proceedings Against EWI With No Eligibility for Relief (4/30/2014)
    Unpublished BIA decision administratively closes proceedings after DHS agrees to favorable exercise of prosecutorial discretion against respondent who entered without inspection and was not eligible for relief from removal. Special thanks to IRAC. (Matter of Garcia, 2/28/14)
    AILA Doc. No. 14043061.
  • OCAHO Denies Respondent’s Motion to Dismiss Complaint of Hiring Violations(668 KB - 4/30/2014)
    OCAHO denies motion to dismiss as no knowing hire violations were included in earlier Notice of Intent to Fine or resolved in the settlement agreement, thus collateral estoppel and res judicata do not preclude resolution of the allegations. (U.S. v. Split Rail Fence Company, Inc., 4/10/14)
    AILA Doc. No. 14043060.
  • OSC Settlement with Supermarket Chain on Immigration-Related Discrimination Claim(722 KB - 4/29/2014)
    OSC settlement with Mexico Foods LLC, including $43,000 in civil penalties, after an investigation revealed it was requiring LPRs to present new employment eligibility document after their green cards expired, even though this practice is prohibited because LPRs have permanent work authorization.
    AILA Doc. No. 14042940.
  • OSC Settles Immigration-Related Discrimination Claim Against SK Food Group(1246 KB - 4/25/2014)
    OSC settlement with SK Food Group Inc., including $40,500 in civil penalties and back pay, to resolve claims that discriminatory document practices were used when verifying work authorization of non-citizens by requiring them to produce specific DHS documents as proof of work authorization.
    AILA Doc. No. 14042643.
  • OCAHO Declines to Modify or Vacate ALJ’s Final Decision and Order(491 KB - 4/25/2014)
    OCAHO found ALJ’s final determination of $224,300 to be appropriate and noted that many challenges raised in the request for administrative review were waived as a result of respondent’s failure to raise them at the proper time during the proceedings. (U.S. v. M & D Masonry, Inc., 4/16/14)
    AILA Doc. No. 14042542.
  • BIA Finds Invalid Admission of Criminal Activity Does Not Trigger Stop-Time Rule (4/24/2014)
    Unpublished BIA decision holds respondent’s admission of drug possession does not trigger stop-time rule because it did not comply with requirements in Matter of K-. (Matter of Mendoza, 2/26/14) Special thanks to IRAC
    AILA Doc. No. 14042451.
  • BIA Remands Record After Sentence Reduction (4/24/2014)
    Unpublished BIA decision remands record after respondent’s criminal sentence was reduced to 364 days to consider eligibility for relief even though he entered without inspection. (Matter of Toledo, 2/26/14) Special thanks to IRAC
    AILA Doc. No. 14042450.
  • BIA Grants Motion to Remand Due to Intervening Marriage to LPR (4/23/2014)
    Unpublished BIA decision remands record for consideration of voluntary departure due to respondent’s intervening marriage to LPR who intends to file I-130. (Matter of Hernandez, 2/26/14) Special thanks to IRAC.
    AILA Doc. No. 14042341.
  • BIA Remands Record Due to Matter of Sanchez Sosa (4/23/2014)
    Unpublished BIA decision remands after IJ denied a continuance, and the Board issued Matter of Sanchez Sosa, which set factors for determining if good cause exists to continue removal proceedings to await U visa adjudication. (Matter of Leanos, 2/26/14) Special thanks to IRAC.
    AILA Doc. No. 14042340.
  • BIA Reopens Proceedings In Light of Totality of Circumstances (4/22/2014)
    Unpublished BIA decision grants motion to reopen in light of lack of DHS response, claims of ineffective assistance of counsel, and potential eligibility for relief from removal. (Matter of Reyes, 2/25/14) Special thanks to IRAC.
    AILA Doc. No. 14042253.
  • BIA Remands 212(h) Claim Sua Sponte After Ninth Circuit Decision (4/22/2014)
    Unpublished BIA decision remands sua sponte in light of intervening Ninth Circuit decision holding the 212(h) aggravated felony bar does not apply to applicants who adjusted to LPR status post-entry. (Matter of Lino, 2/25/14) Special thanks to IRAC.
    AILA Doc. No. 14042252.
  • OSC Settles Immigration-Related Discrimination Claim Against Potter Concrete(570 KB - 4/21/2014)
    OSC settlement with Potter Concrete, resolving claims that it engaged in a pattern or practice of document abuse in violation of the INA, by subjecting non-U.S. citizen hires to unlawful demands for specific documentation to verify employment eligibility. Investigation was based on USCIS referral.
    AILA Doc. No. 14042143.
  • BIA on “Lawful Status” Requirement and Renewed Adjustment Applications (4/18/2014)
    Unpublished BIA decision states that applicants who renew adjustment application in removal proceedings need not have maintained “lawful status” if requirement was met when application was originally filed with USCIS. (Matter of Lee, 3/27/14) Special thanks to IRAC.
    AILA Doc. No. 14041548.
  • BIA Administratively Closes Proceedings After Grant of DACA (4/11/2014)
    Unpublished BIA decision grants motion to administratively close proceedings in light of grant of DACA application and to sever proceedings with respondent’s mother. (Matter of Gonzalez, 2/21/14) Special thanks to IRAC.
    AILA Doc. No. 14041142.
  • BIA Reopens Proceedings Due to Attorney Advice Not to Attend Hearing (4/11/2014)
    Unpublished BIA decision reopens proceedings at which respondent was removed in absentia upon finding attorney's advice that he need not attend hearing constituted exceptional circumstances justifying his failure to appear. (Matter of Macal-Ventura, 2/20/14) Special thanks to IRAC.
    AILA Doc. No. 14041141.
  • BIA Finds IJ Failed to Provide Required Biometrics Warnings (4/11/2014)
    Unpublished BIA decision remands record because IJ deemed respondent’s TPS application abandoned without providing required warnings under 8 CFR 1003.47(d) regarding failure to provide biometrics. (Matter of Alfaro, 2/20/14) Special thanks to IRAC.
    AILA Doc. No. 14041140.
  • BIA Requires DHS to Disclose Records of Prior TPS Applications (4/10/2014)
    Unpublished BIA decision remands record because IJ failed to adequately address respondent's TPS claim and requires DHS to submit administrative record on remand regarding prior TPS applications. (Matter of Tunis, 2/20/14) Special thanks to IRAC.
    AILA Doc. No. 14041045.
  • BIA Remands Record Because IJ Incorporated Prior Findings “By Reference” in Decision (4/10/2014)
    Unpublished BIA decision remands for new decision were IJ’s discussion of DHS burden of proof was contained in transcript, incorporated “by reference” into the decision, and provided an insufficient basis for a meaningful review. (Matter of Kim, 2/19/14) Special thanks to IRAC.
    AILA Doc. No. 14041044.
  • BIA Upholds Grant of Adjustment Despite Numerous Criminal Convictions (4/10/2014)
    Unpublished BIA decision upholds grant of adjustment over DHS arguments that respondent was controlled substance trafficker, committed fraud at removal hearing, and did not merit favorable exercise of discretion. (Matter of R-P-, 2/19/14) Special thanks to IRAC.
    AILA Doc. No. 14041043.
  • BIA Upholds Treatment of Returning LPR as Applicant for Admission (4/9/2014)
    Unpublished BIA decision holds over dissenting opinion that respondent alleged to have fraudulently obtained LPR status was properly charged as applicant for admission upon returning from travel abroad. (Matter of Alcaraz, 2/18/14) Special thanks to IRAC.
    AILA Doc. No. 14040949.
  • BIA Terminates Proceedings Against Respondent Who Raised Constitutional Challenges (4/9/2014)
    Unpublished BIA decision grants joint motion to terminate proceedings against respondent who argued that he was unlawfully held under immigration detainer and that removal would be constitutionally disproportionate. (Matter of Villanueva, 2/18/14) Special thanks to IRAC.
    AILA Doc. No. 14040948.
  • BIA Says Diligence in Filing Could be Factor in Reopening Cases Sua Sponte (4/9/2014)
    Unpublished BIA decision declines to reopen sua sponte under Carachuri-Rosendo v. Holder but says “diligence in filing a motion could be a relevant factor to consider in determining whether sua sponte reopening is warranted.” (Matter of Alvarado, 2/14/2014) Special thanks to IRAC.
    AILA Doc. No. 14040947.
  • BIA Finds Nevada Attempted Possession of Stolen Vehicle Is Not an Aggravated Felony(502 KB - 4/8/2014)
    The BIA sustained the appeal and remanded, finding that attempted possession of a stolen vehicle under Nevada law, which requires a mental state of “reason to believe,” is not categorically an aggravated felony under INA §§ 101(a)(43)(G) and (U). Matter of Sierra, 26 I&N Dec. 288 (BIA 2014).
    AILA Doc. No. 14040843.
  • BIA Remands Discretionary Denial of Adjustment Application (4/4/2014)
    Unpublished BIA decisions remands discretionary denial of adjustment application where IJ failed to consider positive equities or make factual findings regarding alleged discrepancy between testimony and police report. (Matter of Coutinho, 2/11/14) Special thanks to IRAC.
    AILA Doc. No. 14040454.
  • BIA Reopens Proceedings Despite Lack of Evidence Commingling of Finances (4/4/2014)
    Unpublished BIA decision reopens proceedings over DHS opposition based on bona fides of marriage, excuses lack of commingling of finances because respondent lacked work authorization and wife was unemployed. (Matter of Anakor, 2/10/14) Special thanks to IRAC.
    AILA Doc. No. 14040453.
  • BIA Rescinds In Absentia Order Under Totality of the Circumstances (4/4/2014)
    Unpublished BIA decision rescinds in absentia removal order due to affidavits demonstrating lack of notice, respondent’s diligence in seeking reopening, and potential eligibility for cancellation of removal. (Matter of Sanchez, 2/10/14) Special thanks to IRAC.
    AILA Doc. No. 14040452.
  • BIA Finds Respondent Did Not Knowingly Waive Right to Appeal (4/4/2014)
    Unpublished BIA decision finds pro se respondent did not understand exchange with IJ to constitute knowing and intelligent waiver of right to appeal. (Matter of Ajche, 2/10/14) Special thanks to IRAC.
    AILA Doc. No. 14040451.
  • BIA Holds Florida Drug Trafficking Not an Aggravated Felony (4/2/2014)
    Unpublished BIA decision holds that "trafficking" of drugs under Fla. Stat. 893.135(1)(c)(1)(c) not an aggravated felony because statute covers simple possession and does not proscribe conduct that is a federal felony (Matter of Rivas, 2/7/14) Special thanks to IRAC.
    AILA Doc. No. 14040247.
  • BIA Summarily Affirms Decision Finding Respondent Mentally Competent (4/2/2014)
    Unpublished BIA decision affirms without opinion IJ decision finding respondent to be sufficiently mentally competent to represent himself under Matter of M-A-M-. (Matter of Castillo, 2/7/14) Special thanks to IRAC.
    AILA Doc. No. 14040246.
  • BIA Reverses IJ Denial of Joint Motion to Reopen (4/2/2014)
    Unpublished BIA decision says respondent’s failure to submit relief application and IJ concerns over timing of marriage not proper basis to deny joint motion to reopen. (Matter of Laurence, 2/7/14) Special thanks to IRAC.
    AILA Doc. No. 14040245.
  • BIA Finds Ineffective Assistance of Counsel Due to Failure to Contest Removability (4/1/2014)
    Unpublished BIA decision finds prior attorney provided ineffective assistance by failing to contest removability where conviction records did not sufficiently demonstrate type or amount of controlled substances. (Matter of Barrios Rojas, 2/7/14) Special thanks to IRAC.
    AILA Doc. No. 14040143.
  • BIA Remands for Consideration of Asylum Application (4/1/2014)
    Unpublished BIA decision finds respondent did not knowingly waive appeal and remands record because IJ did not provide opportunity to apply for asylum after expression of fear in El Salvador. (Matter of Melgar de Iglesias, 2/6/14) Special thanks to IRAC.
    AILA Doc. No. 14040142.
  • BIA on §237(a)(1)(H) Waiver Eligibility(617 KB - 3/31/2014)
    Unpublished BIA decision agreeing with the IJ that respondent was statutorily eligible for a waiver of deportability under §237(a)(1)(H) as a matter of discretion, even though he failed to disclose his time in the Serbian Army. Courtesy of Marshal E. Hyman.
    AILA Doc. No. 14033149.
  • BIA Remands for Consideration of Relief Under Former §212(c)(540 KB - 3/31/2014)
    Unpublished BIA decision granting the motion to reopen and remanding for consideration of the respondent’s application for relief under former §212(c), in light of the holdings in INS v. St. Cyr and Vartelas v. Holder. Courtesy of Siana J. McLean.
    AILA Doc. No. 14033143.
  • OCAHO Final Order of Dismissal of Discrimination Complaint(480 KB - 3/31/2014)
    OCAHO dismissed complaint, as issues with employment terms and conditions are not appropriate as only hiring, recruitment, and discharge are covered by the statute, and the claims of citizenship status discrimination was sufficiently insubstantial. (Salim Hajiani v. ESHA USA, Inc., 3/25/14)
    AILA Doc. No. 14033141.
  • BIA on Readjustment Under INA § 209(b)(468 KB - 3/28/2014)
    The Board held that an alien whose status has been adjusted from asylee to lawful permanent resident cannot subsequently readjust status under INA §209(b). Matter of C-J-H-, 26 I&N Dec. 284 (BIA 2014).
    AILA Doc. No. 14032849.
  • BIA Holds Extension of Nonimmigrant Visa Renders Entire Waiting Period in “Lawful Status” (3/28/2014)
    Unpublished BIA decision finds respondents maintained “lawful status” for entire period that applications to extend nonimmigrant status were pending, even though approval notice was sent years after extensions expired. (Matter of Norra, 3/21/14) Special thanks to IRAC.
    AILA Doc. No. 14032847.
  • BIA Reopens Proceedings Due to Attorney Failure to Seek Relief (3/26/2014)
    Unpublished BIA decision reopens proceedings due to ineffective assistance of counsel where the respondent’s prior attorney conceded failure to seek voluntary departure or administrative closure. (Matter of Barrera, 2/5/14) Special thanks to IRAC.
    AILA Doc. No. 14032642.
  • BIA Remands Record Due to USCIS Delay in Forwarding I-130 Appeal (3/26/2014)
    Unpublished BIA decision states that when respondent in removal proceedings is separately appealing denial of I-130, any delay by USCIS in forwarding record to Board is a factor in favor of granting continuance. (Matter of Ngema, 2/5/14) Special thanks to IRAC.
    AILA Doc. No. 14032641.
  • BIA Reverses Denial of 212(k) Waiver (3/26/2014)
    Unpublished BIA decision finds eligibility for 212(k) depends on applicant’s state of mind at time of initial admission rather than re-entry, and that failure to alert authorities of potential fraud is not adverse discretionary factor. (Matter of Shin, 2/4/14) Special thanks to IRAC.
    AILA Doc. No. 14032640.
  • BIA Remands for Consideration of Eligibility for Voluntary Departure(400 KB - 3/21/2014)
    Unpublished BIA decision remanding for consideration of the respondent’s eligibility for voluntary departure, as the respondent argued on appeal that he appeared pro se before the IJ and the IJ did not address his eligibility for voluntary departure. Courtesy of Cristobal Colindres.
    AILA Doc. No. 14032148.
  • BIA Recognizes Effeminate Gay Males from Mexico as Particular Social Group (3/21/2014)
    Unpublished BIA decision finds effeminate gay males from Mexico with female gender identities to qualify as particular social group for purposes of asylum and withholding of removal. (Matter of M-G-O-, 2/4/14) Special thanks to IRAC.
    AILA Doc. No. 14032146.
  • BIA Reopens Proceedings After Amendment to Criminal Indictment (3/21/2014)
    Unpublished BIA decision reopens proceedings after trial court strikes term “embezzlement” and reference to respondent’s employer from criminal indictment. (Matter of Flores-Razo, 1/31/14) Special thanks to IRAC.
    AILA Doc. No. 14032145.
  • OCAHO Adjusts Fines for Masonry Company But Keeps At Higher End of Mid-Range of Fines(800 KB - 3/20/2014)
    OCAHO reduced penalties, but rejected assertion ICE was barred from pursing an investigation based on a newspaper article and distinguishes company from a “mom and pop” family restaurant or struggling start-up warranting further adjustment of the fine. (U.S. v. M &D Masonry, Inc., 3/11/14)
    AILA Doc. No. 14032047.
  • BIA Remands Record Where Attorney Failed to Appear at Hearing (3/20/2014)
    Unpublished BIA decision finds IJ should have granted continuance or obtained explicit waiver of right to counsel after respondent’s attorney failed to appear. (Matter of Chavez, 1/30/14) Special thanks to IRAC.
    AILA Doc. No. 14032046.
  • BIA Remands for Hearing on Abandonment of LPR Status (3/20/2014)
    Unpublished BIA decision remands record for hearing on whether respondent intended to abandon LPR status by signing Form I-407 so he could obtain medical treatment abroad. (Matter of Morisset Boisvert, 1/29/14) Special thanks to IRAC.
    AILA Doc. No. 14032045.
  • BIA Upholds Suppression of Evidence Due to Prolonged Traffic Stop (3/19/2014)
    Unpublished BIA decision upholds suppression of evidence obtained after respondent was detained after accidentally turning into National Security Agency facility, says evidence of alienage from state database not sufficiently attenuated. (Matter of Lara, 1/28/14) Special thanks to IRAC.
    AILA Doc. No. 14031946.
  • BIA Says Descamps Supersedes Prior Decisions on Divisibility (3/19/2014)
    Unpublished BIA decision terminates proceedings after finding Florida’s theft statute not divisible and prior Board decisions on the modified categorical approach superseded by Descamps v. U.S. (Matter of Forvilus, 1/28/14) Special thanks to IRAC.
    AILA Doc. No. 14031945.
  • BIA Remands MTR Denial and States that IJ Must Make Clear and Complete Findings of Fact(536 KB - 3/18/2014)
    Unpublished BIA decision finding that the IJ did not explain the basis of his denial of respondent’s motion to reopen (MTR) except to deny for the “reasons stated in DHS opposition,” and stating that the IJ must make clear and complete findings of fact. Courtesy of Usman B. Ahmad.
    AILA Doc. No. 14031847.
  • BIA Holds AOS Is Admission for Purposes of Removal Due to Aggravated Felony Conviction(528 KB - 3/17/2014)
    The Board held that adjustment of status constitutes an admission for purposes of deciding removability under §237(a)(2)(A)(iii), and the crime of sodomy by force in violation of the Uniform Code of Military Justice is an aggravated felony. Matter of Chavez-Alvarez, 26 I&N Dec. 274 (BIA 2014)
    AILA Doc. No. 14031741.
  • BIA Remands Asylum Claim of Eritrean Fearing Military Service (3/14/2014)
    Unpublished BIA decision remands for further consideration of asylum claim due to evidence indicating that Eritrean military conscripts are subjected to involuntary servitude and evaders receive disproportionate punishment (Matter of D-G-, 1/28/14) Special thanks to IRAC.
    AILA Doc. No. 14031444.
  • BIA Reopens Sua Sponte for Consideration of Cancellation Application (3/14/2014)
    Unpublished BIA decision reopens proceedings sua sponte over DHS opposition to allow the respondent to submit an application for cancellation of removal. (Matter of Cruz, 1/27/14) Special thanks to IRAC.
    AILA Doc. No. 14031443.
  • BIA Affirms IJ’s Grant of Asylum for Petitioner from Uganda(1591 KB - 3/13/2014)
    Unpublished BIA decision affirming the IJ’s grant of asylum, finding that petitioner was not subject to the material support to terrorism bar because the alleged support provided to the Lord’s Resistance Army in Uganda was not material. Courtesy of National Immigration Justice Center.
    AILA Doc. No. 14031344.
  • BIA Reopens Sua Sponte to Permit Submission of Adjustment Application (3/11/2014)
    Unpublished BIA decision reopens proceedings sua sponte over DHS opposition and remands record to permit respondent to apply for adjustment of status. (Matter of Ibrahim, 1/24/14) Special thanks to IRAC.
    AILA Doc. No. 14031147.
  • BIA Finds Pennsylvania Reckless Endangerment is CIMT (3/11/2014)
    Unpublished BIA decision finds recklessly endangering another person under 18 Pa. Cons. Stat. 2705 is a categorical CIMT. (Matter of Vasquez-Lopez, 1/24/14) Special thanks to IRAC.
    AILA Doc. No. 14031144.
  • BIA Sustains Appeal, Finding No Evidence of Prior Marriage Fraud(699 KB - 3/10/2014)
    The BIA sustained the appeal and remanded to USCIS in order to process the visa petition, concluding that the record did not contain substantial and probative evidence of prior marriage fraud to support a finding pursuant to §204(c). Courtesy of Michael Friedberg.
    AILA Doc. No. 14031050.
  • BIA Affirms Removal of Respondent With Significant Medical Conditions (3/10/2014)
    Unpublished BIA decision affirms removal of respondent with rheumatic heart disease and neurological condition after DHS declines to exercise prosecutorial discretion. (Matter of Barros, 1/23/14) Special thanks to IRAC.
    AILA Doc. No. 14031045.
  • BIA Rescinds In Absentia Order Due to Ineffective Assistance of Counsel (3/10/2014)
    Unpublished BIA decision rescinds in absentia removal order where ineffective assistance of prior counsel contributed to respondent’s failure to appear. (Matter of Villatuya, 1/23/14) Special thanks to IRAC.
    AILA Doc. No. 14030740.
  • BIA Reverses Denial of Continuance for Adjudication of I-751 (3/7/2014)
    Unpublished BIA decision finds IJ should have continued proceedings to permit USCIS to adjudicate the respondent’s petition to remove conditions of residence (Form I-751). (Matter of Ruiz, 1/23/14) Special thanks to IRAC.
    AILA Doc. No. 14030742.
  • BIA Says IJs Must Independently Review Denial of N-600 (3/6/2014)
    Unpublished BIA decision remands record because IJ failed to make independent determination of respondent’s derivative citizenship claim after USCIS denied his Application for Certificate of Citizenship (Form N-600). (Matter of Moreno, 1/23/14) Special thanks to IRAC.
    AILA Doc. No. 14030655.
  • OCAHO Reduces Penalties for Small Home Healthcare Company(473 KB - 3/5/2014)
    OCAHO reduced fine to midrange of permissible penalties for incomplete Form I-9s, including blank section 2s and a lack of employer signature attesting that documents were examined to verify the employee’s identity and employment eligibility. (U.S. v. New Outlook Homecare LLC, 2/11/14).
    AILA Doc. No. 14030540.
  • BIA Vacates and Remands Asylum Denial for Russian Christian from Kazakhstan(816 KB - 3/4/2014)
    The BIA sustained the appeal, vacated and remanded, finding the respondent met his burden to establish that he suffered past persecution in Kazakhstan on account of his Christian religion and Russian nationality. Courtesy of Alexander Segal.
    AILA Doc. No. 14030446.
  • Board on Eligibility for §212(c) Relief In Light of Judulang(573 KB - 3/3/2014)
    The BIA held that, with a few exceptions, an LPR who has accrued 7 consecutive years of lawful unrelinquished domicile is eligible to apply for §212(c) relief if he is removable by virtue of a plea or conviction entered before 4/1/97. Matter of Abdelghany, 26 I&N Dec. 254 (BIA 2014)
    AILA Doc. No. 14030340.
  • BIA Says Amount of Restitution Not Always Reliable Way to Show Victim Loss (2/28/2014)
    Unpublished BIA decision dismissing appeal and upholding finding that federal computer fraud is an aggravated felony but says amount of restitution not always reliable measure of victim loss under INA 101(a)(43)(M)(i). (Matter of Rinquillo de Corrales, 1/22/14) Special thanks to IRAC.
    AILA Doc. No. 14022852.
  • BIA Remands Motion to Reopen Due to Insufficient IJ Decision (2/26/2014)
    Unpublished BIA decision remands record where IJ denied motion to reopen based on reasons stated in DHS opposition and without engaging in fact-finding or providing analysis. (Matter of Hazuri, 1/16/14) Special thanks to IRAC.
    AILA Doc. No. 14022647.
  • BIA Holds Reckless Endangerment Offense is Crime of Violence (2/26/2014)
    Unpublished BIA decision holds Kansas statute criminalizing the reckless causing of great bodily harm or disfigurement is a crime of violence under 18 USC 16(a) and 16(b). (Matter of Lacier, 1/15/14) Special thanks to IRAC.
    AILA Doc. No. 14022646.
  • BIA Permits Consideration of Evidence Excluded from Related Criminal Trial (2/25/2014)
    Unpublished BIA decision upholds denial of motion to suppress statements that were excluded from related criminal trial because respondent was not notified of his rights. (Matter of Alejo Reta, 1/15/14) Special thanks to IRAC.
    AILA Doc. No. 14022553.
  • BIA Permits Consideration of Evidence Excluded from Related Criminal Trial (2/25/2014)
    Unpublished BIA decision upholds denial of motion to suppress statements that were excluded from related criminal trial because respondent was not notified of his rights. (Matter of Alejo Reta, 1/15/14) Special thanks to IRAC.
    AILA Doc. No. 14022553.
  • BIA Remands to Consider Adjustment Application (2/25/2014)
    Unpublished BIA decision grants motion to remand upon finding evidence submitted on appeal sufficient to warrant consideration of adjustment application. (Matter of Suvarnasara, 1/14/14) Special thanks to IRAC
    AILA Doc. No. 14022551.
  • BIA Articulates Scope of Moncrieffe v. Holder (2/21/2014)
    Unpublished BIA decision says Supreme Court’s decision in Moncrieffe holds that a marijuana distribution offense that does not involve remuneration or more than a small amount it is not an aggravated felony “under the Act.” (Matter of Contreras, 1/14/14) Special thanks to IRAC.
    AILA Doc. No. 14022162.
  • BIA Finds Pastor Violated R-1 Status (2/21/2014)
    Unpublished BIA decision finds pastor to be in violation of his R-1 status because he was no longer employed by his sponsoring church. (Matter of Cameron, 1/13/14) Special thanks to IRAC
    AILA Doc. No. 14022161.
  • BIA Finds Conviction for Drug Trafficking Aggravated Felony Based on Conviction Records (2/20/2014)
    Unpublished BIA decision finds conviction for possession with intent to distribute under Iowa Code 124.401(1)(d) is drug trafficking aggravated felony based on quantity of drug and cash found at scene. (Matter of Iruegas Gomez, 1/13/14) Special thanks to IRAC
    AILA Doc. No. 14022046.
  • BIA Reopens Proceedings After Conviction Vacated for Sixth Amendment Violation (2/20/2014)
    Unpublished BIA decision reopens proceedings sua sponte after respondent’s conviction is vacated because criminal court failed to advise him of his Sixth Amendment right to assistance of counsel. (Matter of Carbonell, 1/13/14) Special thanks to IRAC.
    AILA Doc. No. 14022043.
  • OCAHO Final Order and Decision Declining to Reduce Penalties for Atlanta Restaurant(538 KB - 2/19/2014)
    OCAHO found that the employer provided no reason for reduction of penalties and that the government reached an appropriate result by imposing penalties at or near the maximum for violations of employer sanction provisions of the INA. (U.S. v. Symmetric Solutions, Inc., 2/6/14)
    AILA Doc. No. 14021947.
  • BIA Sustains Appeal for Cancellation of Removal Denial(253 KB - 2/18/2014)
    Unpublished BIA decision vacates and remands for further consideration of cancellation application, finding that possession of a firearm is not necessarily an aggravated felony and visa interview fraud does not necessarily determine ineligibility for cancellation. Courtesy of Nathan Christensen.
    AILA Doc. No. 14021847.
  • BIA Reopens Sua Sponte for Pursuit of Adjustment of Status (2/14/2014)
    Unpublished BIA decision reopens proceedings sua sponte over DHS opposition to permit respondent to seek adjustment of status based on an approved I-130. (Matter of Boye, 1/8/14) Special thanks to IRAC.
    AILA Doc. No. 14021453.
  • BIA Says Noncitizens Must Have Access to Visa or Entry Document in Proceedings (2/14/2014)
    Unpublished BIA decision remands record due to submission of evidence on appeal indicating respondent was admitted on agricultural visa, says respondents "shall have access to the alien's visa or other entry document" during proceedings. (Matter of Torres, 1/6/14) Special thanks to IRAC.
    AILA Doc. No. 14021450.
  • BIA Denies Reopening After Legalization of Same-Sex Marriage (2/14/2014)
    Unpublished BIA decision denies motion to reopen based on same-sex marriage to U.S. citizen because marriage certificate and pending I-130 were not sufficient to establish bona fides. (Matter of Lopez, 1/3/14) Special thanks to IRAC.
    AILA Doc. No. 14021449.
  • BIA Sustains Asylum Appeal, Finds Coerced FGM Is Persecution(676 KB - 2/12/2014)
    Unpublished BIA decision sustaining appeal, finding that women who violate gender-specific social norms constitute a particular social group and FGM was inflicted as a result of coercion sufficient to amount to persecution within the meaning of INA 101(a)(42). Courtesy of Aleksander Milch.
    AILA Doc. No. 14021250.
  • BIA Holds Former Gang Members Who Renounce Gang Membership Are Not a Particular Social Group(555 KB - 2/7/2014)
    The BIA clarified the “social visibility” element required to establish a particular social group (PSG), renamed the element “social distinction,” and held that former members of an El Salvadoran gang who renounced their membership is not a PSG. Matter of W-G-R-, 26 I&N Dec. 208 (BIA 2014).
    AILA Doc. No. 14020745.
  • BIA Renames “Social Visibility” Element in Asylum Cases as “Social Distinction,” Clarifies Meaning(588 KB - 2/7/2014)
    The BIA held the “social visibility” element required to establish a particular social group (PSG) doesn’t mean a literal or ocular visibility, renamed the element “social distinction,” and clarified the elements required to establish a PSG. Matter of M-E-V-G-, 26 I&N Dec. 227 (BIA 2014).
    AILA Doc. No. 14020744.
  • BIA Grants Motion to Reconsider Based on Error Regarding Eligibility for U Status (2/7/2014)
    Unpublished BIA decision grants motion to reconsider after recognizing prior erroneous determination that respondent was not prima facie eligible for U status. (Matter of Gutierrez, 12/31/13) Special thanks to IRAC.
    AILA Doc. No. 14020743.
  • BIA Remands to Consider Eligibility for DACA or Provisional Waiver (2/7/2014)
    Unpublished BIA decision remands for adjudication of motion to reopen based on desire to apply for Deferred Action for Childhood Arrivals or provisional unlawful presence waiver (Form I-601A). (Matter of Avalos-Avalos, 12/31/13) Special thanks to IRAC.
    AILA Doc. No. 14020742.
  • BIA Denies §245(i) Adjustment Application Due to Improper Labor Certification Filing (2/5/2014)
    Unpublished BIA decision upholds denial of adjustment application under INA 245(i) because the underlying labor certification was filed in the wrong state. (Matter of Anwar, 12/30/13) Special thanks to IRAC.
    AILA Doc. No. 14020544.
  • BIA Reverses IJ’s Discretionary Denial of Asylum in Somali FGM Case(538 KB - 2/4/2014)
    Unpublished BIA decision sustains the appeal, reverses the IJ’s discretionary denial of asylum, and concludes respondent met her burden of proof for asylum based on FGM and merits relief as a matter of discretion. Courtesy of Kimberly Hunter.
    AILA Doc. No. 14020450.
  • BIA Remands For Evidentiary Hearing Regarding Failure to Receive Hearing Notice (2/4/2014)
    Unpublished BIA decision remands for evidentiary hearing concerning non-receipt of hearing notice where Notice To Appear and in absentia removal order were returned as undeliverable. (Matter of Szypulski, 12/30/13) Special thanks to IRAC
    AILA Doc. No. 14020446.
  • BIA Upholds “Reason to Believe” Finding Against Suspected Drug Dealer (2/4/2014)
    Unpublished BIA decision finds “reason to believe” in INA 212(a)(2)(C) is akin to “probable cause,” and upholds the finding of inadmissibility based on drug-related arrest and invocation of Fifth Amendment. (Matter of Isabel Diaz, 12/30/13) Special thanks to IRAC
    AILA Doc. No. 14020445.
  • OSC Settlement Resolving E-Verify Citizenship Status Discrimination(1788 KB - 2/3/2014)
    OSC settlement with SD Staffing LLC after OSC investigation confirmed that through SD Staffing’s use of E-Verify, it requested unnecessary documents from work-authorized non-U.S. citizens, but not from similarly-situated U.S. citizens.
    AILA Doc. No. 14020301.
  • OSC Settlement Over Firefighter Hiring Discrimination in Waterloo, Iowa(655 KB - 2/3/2014)
    OSC settlement with the city of Waterloo, Iowa resolving allegations that the city violated the anti-discrimination provision of the INA filed by a work-authorized, lawful permanent resident alleging that the city refused to consider him for a firefighter position because he was not a U.S. citizen.
    AILA Doc. No. 14020300.
  • BIA Finds Retraction of False Citizenship Claim Not Made Voluntarily and Without Delay (1/31/2014)
    Unpublished BIA decision finds retraction of false claim to U.S. citizenship after presentation of evidence of French citizenship was not made “voluntarily and without delay.” (Matter of Martin, 12/27/13) Special thanks to IRAC.
    AILA Doc. No. 14013143.
  • BIA Finds Hand-Written IJ Decision Not Sufficient for Appellate Review (1/31/2014)
    Unpublished BIA decision remands for further consideration of motion to reopen because IJ’s hand-written decision stating that the “court courts with the position of DHS” was not sufficient for meaningful appellate review. (Matter of Ibrahim, 12/26/13) Special thanks to IRAC.
    AILA Doc. No. 14013140.
  • BIA Considers Appeal on Merits After Removal of Respondent (1/30/2014)
    Unpublished BIA decision finds that respondent’s removal while the appeal of the denial of his motion to reopening was pending did not represent a “departure” under 8 CFR 1003.4 constituting a withdrawal of the appeal. (Matter of Amparo Abreu, 12/24/13) Special thanks to IRAC.
    AILA Doc. No. 14013049.
  • BIA Finds Vacatur of Criminal Conviction May Warrant Reopening of In Absentia Order (1/30/2014)
    Unpublished BIA decisions remands for further consideration of motion to reopen challenging entry of in absentia order following vacatur of underlying criminal conviction. (Matter of Eustate, 12/20/13) Special thanks to IRAC
    AILA Doc. No. 14013048.
  • BIA Finds Car Trouble May Justify Failure to Appear (1/29/2014)
    Unpublished BIA decision vacates denial of motion to reopen order or removal issued in absentia where IJ applied per se rule against car trouble constituting exceptional circumstances justifying a failure to appear. (Matter of Haro Pena, 12/17/13) Special thanks to IRAC.
    AILA Doc. No. 14012906.
  • BIA Reinstates Proceedings for Former LPR Wishing to Challenge Rescission (1/29/2014)
    Unpublished BIA decision vacates order granting DHS motion to terminate where respondent wishes to challenge the rescission of his LPR status by USCIS. (Matter of Malik, 12/17/13) Special thanks to IRAC.
    AILA Doc. No. 14012905.
  • BIA Finds Residence Cannot Be Imputed to Establish Eligibility for TPS (1/28/2014)
    Unpublished BIA decision upholds denial of TPS application where respondent sought to benefit from imputation of parent’s presence and residence in U.S. (Matter of Lara, 12/16/13) Special thanks to IRAC.
    AILA Doc. No. 14012841.
  • BIA Holds Deadline Under 245(i) Not Subject to Equitable Tolling (1/28/2014)
    Unpublished BIA decision holds that the April 30, 2001, deadline to establish eligibility under Section 245(i) IS not subject to equitable tolling due to ineffective assistance of counsel. (Matter of Prasad, 12/13/13) Special thanks to IRAC.
    AILA Doc. No. 14012840.
  • BIA Remands Denial of Continuance Based on Analysis of 212(h) Waiver (1/27/2014)
    Unpublished BIA decision remands for further consideration of continuance where IJ found respondent was unlikely to qualify for 212(h) waiver due to robbery conviction. (Matter of Lopez, 12/13/13) Special thanks to IRAC
    AILA Doc. No. 14012753.
  • BIA Remands for Consideration of Unadjudicated Motions to Reopen (1/27/2014)
    Unpublished BIA decision remands for consideration of motions to reopen based on changed country conditions in Russia that the IJ failed to adjudicate (Matter of Drabovskiy, 12/12/13) Special thanks to IRAC.
    AILA Doc. No. 14012749.
  • OCAHO Reduces Fines for Small Restaurant From to $265K to $88K(5938 KB - 1/27/2014)
    OCAHO reduced fine where ICE alleges that the company had 293 employment verification violations. The fine was reduced in part because “a dismal rate of compliance… cannot alone be used to increase a penalty based on the good faith criterion.” (U.S. v. Two for Seven, LLC, 1/15/14)
    AILA Doc. No. 14012746.
  • BIA Upholds Decision Finding False Claim to Citizenship (1/24/2014)
    Unpublished BIA decision finds respondent made false claim to U.S. citizenship by watching a third party complete a Form I-9 using a U.S. birth certificate issued in same name used on false state identification card. (Matter of Castillo, 12/11/13) Special thanks to IRAC
    AILA Doc. No. 14012449.
  • BIA Upholds Denial of Continuance for Post-Conviction Relief (1/24/2014)
    Unpublished BIA decision upholds denial of continuance because respondent did not present evidence that motion for post-conviction relief would be adjudicated in “foreseeable future.” (Matter of Rosel, 12/9/13) Special thanks to IRAC.
    AILA Doc. No. 14012445.
  • BIA Reverses Denial of Continuance For Respondent Not Advised to Bring Witnesses to Next Hearing (1/24/2014)
    Unpublished BIA decision reverses denial of request for continuance where IJ who presided over previous hearing did not instruct respondent to bring witnesses to testify in support of his adjustment application. (Matter of Aguilar-Morales, 12/6/13) Special thanks to IRAC.
    AILA Doc. No. 14012444.
  • BIA Holds Claiming “Citizen or National” on Form I-9 Not Sufficient for DHS to Establish False Claim to Citizenship (1/23/2014)
    Unpublished BIA decision finding DHS failed to establish removability against respondent who checked “citizen or national” box on I-9, dismisses appeal as respondent did not establish she was “clearly and beyond doubt” not inadmissible. (Matter of Nyabwari, 12/5/13) Special thanks to IRAC.
    AILA Doc. No. 14012349.
  • BIA Finds Records Downloaded From PACER Properly Authenticated (1/23/2014)
    Unpublished BIA decision finds DHS certification that criminal records were downloaded from PACER sufficient for purposes of authentication. (Matter of Aviles, 12/5/13) Special thanks to IRAC.
    AILA Doc. No. 14012345.
  • BIA Finds Texas Conviction Not Drug Trafficking Aggravated Felony (1/23/2014)
    Unpublished BIA decision finds conviction for manufacture/delivery of controlled substance under Texas Health and Safety Code 481.112(d) not a drug trafficking aggravated felony. (Matter of Quiroga-Briones, 12/3/13) Special thanks to IRAC
    AILA Doc. No. 14012342.
  • BIA Remands VAWA Cancellation Case, Distinguishes Matter of A-M-(1331 KB - 1/21/2014)
    In an unpublished decision, the BIA disagreed with the IJ’s conclusion that respondent was ineligible for relief, noting that although she ended her abusive relationship in 2001, she has neither received prior VAWA benefits nor does she have any other available relief. Courtesy of Kelli Stump.
    AILA Doc. No. 14012144.
  • BIA Upholds Denial of Suppression Motion Challenging Questioning at Local Courthouse (1/17/2014)
    Unpublished BIA decision upholds denial of motion to suppress where ICE officers questioned respondent at local courthouse because he accompanied friend with outstanding removal order. (Matter of Nolasco, 11/29/13) Special thanks to IRAC
    AILA Doc. No. 14011759.
  • BIA Holds Robbery Victim Did Not Provide Material Support to Guatemalan Guerrillas (1/17/2014)
    Unpublished BIA decision upholds grant of cancellation under NACARA upon finding respondent did not provide “material support” to guerillas who stole food from his store at gunpoint. (Matter of Gonzales, 11/26/13) Special thanks to IRAC
    AILA Doc. No. 14011758.
  • BIA Finds Jordanian Wishing to Sell Land to Israeli Government Eligible for Asylum(1384 KB - 1/17/2014)
    Unpublished BIA decision sustaining the appeal for the asylum denial, finding that the respondent established a fear of future persecution by the Palestinian Authority and Hamas regarding efforts to sell land to the Israeli government. Courtesy of Div Gopal.
    AILA Doc. No. 14011754.
  • BIA Finds Respondent Improperly Classified as Arriving Alien and Denied Opportunity to Seek Adjustment (1/16/2014)
    Unpublished BIA decision finds respondent improperly classified as “arriving alien” because he was paroled prior to April 1, 1997, and eligible to renew adjustment application in removal proceedings after denial by USCIS. (Matter of Nguyen, 11/26/13) Special thanks to IRAC
    AILA Doc. No. 14011643.
  • DHS Withdraws Appeal of Decision Finding Georgia Traffic Offenses Not Misdemeanors for Immigration Purposes (1/16/2014)
    Unpublished BIA decision returns record after DHS withdraws appeal of ruling holding Georgia traffic offenses are not misdemeanors for federal immigration purposes despite being misdemeanors under state law. (Matter of Hernandez, 11/25/13) Special thanks to IRAC.
    AILA Doc. No. 14011642.
  • BIA Rescinds In Absentia Order Where DHS Failed to Serve Appeal Notice (1/16/2014)
    Unpublished BIA decisions rescinds in absentia order due to DHS failure to serve copy of appeal notice when successfully challenging IJ decision terminating proceedings against respondent. (Matter of Guzman, 11/25/13) Special thanks to IRAC.
    AILA Doc. No. 14011641.
  • BIA Remands After 90-Day Filing Window Due to Totality of Circumstances(633 KB - 1/15/2014)
    Unpublished BIA decision remands even though respondent’s motion was untimely filed, as respondent received inaccurate information from DHS officials regarding how to proceed and the new counsel obtained conviction records not previously in the record. Courtesy of Haitham Ballout.
    AILA Doc. No. 14011552.
  • BIA Finds Florida Possession of Marijuana With Intent to Sell Not Aggravated Felony (1/15/2014)
    Unpublished BIA decision remands to consider cancellation application in light of Eleventh Circuit Donawa decision finding Florida possession of marijuana with intent to sell not a categorical drug trafficking aggravated felony. (Matter of Drummond, 11/22/13) Special thanks to IRAC.
    AILA Doc. No. 14011550.
  • BIA Finds Alaska Third Degree Theft Not CIMT (1/15/2014)
    Unpublished BIA decision upholds termination of proceedings upon finding Alaska third degree theft not categorical CIMT and nothing in record of conviction established intent to permanent deprive victim of property. (Matter of Casilla Nunez, 11/20/13) Special thanks to IRAC.
    AILA Doc. No. 14011547.
  • BIA Reopens and Remands Case Involving Maryland Second Degree Assault (1/15/2014)
    Unpublished BIA decision remands proceedings to consider whether Maryland second degree assault is a crime of violence aggravated felony in light of Supreme Court decision in Descamps and Fourth Circuit decision in Karimi. (Matter of Diaz, 11/19/13) Special thanks to IRAC.
    AILA Doc. No. 14011542.
  • BIA Terminates Proceedings After Conviction Vacated for State Misconduct (1/13/2014)
    Unpublished BIA decision reopens and terminates proceedings after respondent was permitted to withdraw guilty plea because state chemist who tested controlled substances was accused of misconduct. (Matter of Ventura-Arias, 11/18/13) Special thanks to IRAC.
    AILA Doc. No. 14011350.
  • BIA Remands For Failure to Consider Argument Regarding Florida Assault and Grant Theft (1/13/2014)
    Unpublished BIA decision grants motion to reconsider and remands because both the IJ and Board failed to consider arguments that Florida assault and grant theft are not CIMTs. (Matter of Rivero, 11/18/13) Special thanks to IRAC.
    AILA Doc. No. 14011349.
  • BIA Finds Single DUI Conviction Does Not Outweigh Positive Equities (1/13/2014)
    Unpublished BIA decision reconsiders sua sponte over DHS opposition and finds adjustment applicant’s positive equities were not outweighed by a single DUI conviction. (Matter of Vasquez, 11/14/13) Special thanks to IRAC.
    AILA Doc. No. 14011348.
  • BIA Remands to Consider Eligibility for Provisional Waiver Despite Criminal Convictions (1/10/2014)
    Unpublished BIA decision vacates denial of voluntary departure and remands to consider whether respondent with theft and DUI convictions is eligible for provisional unlawful presence waiver (Form I-601A). (Matter of Velasco, 11/14/13) Special thanks to IRAC.
    AILA Doc. No. 14011046.
  • BIA Finds North Carolina Offense Relates to Controlled Substance (1/10/2014)
    Unpublished BIA decision finds maintaining a vehicle/dwelling/place for marijuana under N.C.G.S. 90-108(a)(7) relates to a controlled substance under INA 237(a)(2)(B)(i). (Matter of Santos, 11/13/13) Special thanks to IRAC.
    AILA Doc. No. 14011045.
  • BIA Finds Ineffective Assistance Due to Failure to Submit Adjustment Application (1/10/2014)
    Unpublished BIA decision finds attorney’s admitted failure to file adjustment application by court-imposed deadline made ineffective assistance plain on face of the record. (Matter of Cisneros, 11/13/13) Special thanks to IRAC.
    AILA Doc. No. 14011044.
  • BIA Requires DHS To Disclose Evidence of Admission (1/9/2014)
    Unpublished BIA decision reverses removal order and holds that DHS must disclose any documents in its possession under INA 240(c)(2) regarding respondent’s asserted admission. (Matter of Monjazar-Fernandez, 11/13/13) Special thanks to IRAC.
    AILA Doc. No. 14010942.
  • BIA Remands to Consider Whether New York Second Degree Forgery is CIMT (1/8/2014)
    Unpublished BIA decision remands for further proceedings on whether second degree forgery under NYPL 170.10 is a categorical CIMT. (Matter of Wong, 11/12/13) Special thanks to IRAC.
    AILA Doc. No. 14010846.
  • BIA Remands Finding That LPR Abandoned Status Due to Ineffective Assistance of Counsel (1/8/2014)
    Unpublished BIA decision remands for further consideration of whether respondent abandoned LPR status where the prior attorney failed to submit evidence of ties to United States (Matter of Ye, 11/8/13) Special thanks to IRAC.
    AILA Doc. No. 14010845.
  • BIA Holds Pending Application for H-1B Extension Does Not Confer "Lawful Status" Under INA 245(k) (1/7/2014)
    Unpublished BIA decision upholds denial of adjustment application and finds the filing of an application to extend nonimmigrant status does not confer “lawful status” under Section 245(k) of the INA. (Matter of Trupcevic, 11/7/13) Special thanks to IRAC.
    AILA Doc. No. 14010747.
  • BIA Finds IJ Failed to Advise Respondent of Eligibility for Cancellation (1/7/2014)
    Unpublished BIA decision remands record because IJ neglected to advise respondent of potential eligibility for non-LPR cancellation under 8 CFR 1240.11(a)(2). (Matter of Leon, 11/7/13) Special thanks to IRAC.
    AILA Doc. No. 14010744.
  • BIA Remands Case of Unrepresented Respondent With Limited English Skills (1/3/2014)
    Unpublished BIA decision remands to allow unrepresented respondent who was unfamiliar with English to apply for relief from removal. (Matter of Gomez-Amaya, 11/5/13) Special thanks to IRAC.
    AILA Doc. No. 14010345.
 
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