Justia Government & Administrative Law Opinion Summaries

The First Circuit denied Petitioner's petition for relief from removal on the grounds of asylum, withholding of removal under the Immigration and Nationality Act, and protection under the United Nations Convention Against Torture (CAT), holding that the Board of Immigration Appeals (BIA) did not err in affirming the immigration judge's (IJ) decision to deny Petitioner's application.Specifically, the First Circuit held (1) the record did not indicate that Petitioner either faced or would face persecution on the basis of his nationality, his religion, or his political beliefs; and (2) therefore, Petitioner was not able to meet the higher threshold for his claim of withholding of removal and his CAT claim. View "Thile v. Garland" on Justia Law

Petitioner Daniel Awuku-Asare appealed a Board of Immigration Appeals (BIA) decision to affirmed his removal order. Awuku-Asare entered the country on a nonimmigrant F-1 visa and could lawfully remain in the United States so long as he complied with the conditions of his visa. Relevant here, maintaining an F-1 visa status requires maintaining a full course of study at an approved educational institution. But Awuku-Asare did not comply with this full-course-of-study requirement because he was incarcerated for approximately 13 months for a crime of which he was ultimately acquitted. In an issue of first impression for the Tenth Circuit, Awuku-Asare argued that “the failure to maintain status must be attributable to the nonimmigrant to render him [removable],” and that because of circumstances beyond his control caused the lapse in his status, he was not removable. The Tenth Circuit determined the plain meaning of the relevant statute did not support Awuku-Asare's interpretation, therefore his arguments were rejected and the BIA's decision affirmed. View "Awuku-Asare v. Garland" on Justia Law

The First Circuit vacated the judgment of the Board of Immigration Appeals (BIA) affirming the denial of Petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), holding that substantial evidence did not support the BIA's decision.The immigration judge (IJ) determined that Petitioner was not a credible witness and therefore found that he had failed to establish his burden of proof with respect to his application. The BIA dismissed Petitioner's appeal, thus declining to remand the case in light of new evidence submitted for the first time on appeal. The First Circuit vacated the BIA's decision, holding that the IJ's adverse credibility finding was not supportable. View "Cuesta-Rojas v. Garland" on Justia Law

There is no conflict between the Immigration and Nationality Act (INA) and the Bail Reform Act (BRA) that prevents DHS from civilly detaining a criminal defendant after she has been granted pretrial release pursuant to the BRA.As a preliminary matter, the Fifth Circuit held that the district court's December order is appealable under the BRA, 18 U.S.C. 3145 and 3731. The court explained that the September release order released defendant from criminal detention under the BRA and, considered by itself, the court would lack jurisdiction over the September release order because it was issued by a magistrate judge and not a district court. However, the December order was the district court's affirmation of the September release order in response to defendant's motion to clarify her release status.On the merits, the court concluded that the district court correctly rejected the applicability of 8 U.S.C. 1226(e) and 1252(g) in its December order, explaining it was "not attempting to review or set aside any decision or action to commence removal proceedings" but was instead "attempting to enforce the Magistrate Judge's [September release] Order." The court considered decisions by six other circuits that have addressed the issue and concluded that pretrial release under the BRA does not preclude pre-removal detention under the INA. The court explained that, fundamentally, the BRA and INA concern separate grants of Executive authority and govern independent criminal and civil proceedings. The court concluded that the remaining claims lacked merit and vacated the district court's December order precluding ICE from detaining defendant pending completion of her criminal proceedings. View "United States v. Baltazar-Sebastian" on Justia Law

The First Circuit reversed the decision of the Board of Immigration Appeals (BIA) denying Petitioner's request to reopen removal proceedings based on changed country circumstances, holding that the BIA's failure to assess whether certain changes were sufficient was arbitrary and capricious.Petitioner, a native and citizen of Albania, applied for asylum, withholding of removal, and protection under the Convention Against Torture, arguing that he and his family had been persecuted due to Petitioner's support of the Democratic Party in Albania and that the family had a well-founded fear of future persecution. An immigration judge denied relief, and the BIA affirmed. Petitioner later asked the BIA to reopen his case on the ground that government corruption had deteriorated in Albania. The BIA denied the request. The First Circuit reversed, holding that the BIA "exercised its judgment in an arbitrary, capricious, or irrational manner." View "Lucaj v. Wilkinson" on Justia Law

Ethiopian native, petitioner Thewodros Wolie Birhanu petitioned the Tenth Circuit Court of Appeals for review of a final order of removal issued by the Board of Immigration Appeals (“BIA”). The BIA dismissed Birhanu’s appeal of the Immigration Judge's (“IJ”) decision finding him removable. The BIA and the IJ found: (1) Birhanu was removable as an alien convicted of two or more crimes involving moral turpitude (“CIMTs”) not arising out of a single scheme of criminal misconduct; (2) he was not entitled to asylum or withholding of removal because his convictions qualified as particularly serious crimes; and (3) he was not entitled to relief under the Convention Against Torture (“CAT”). The Tenth Circuit dismissed Birhanu's claims under Section 504 of the Rehabilitation Act as unexhausted, and denied the balance of his petition for review on the merits. View "Birhanu v. Wilkinson" on Justia Law

The First Circuit vacated the order of the Board of Immigration Appeals (BIA) affirming the order of the immigration judge (IJ) denying Petitioner's application for withholding of removal, holding that the IJ and BIA made legal errors.Petitioner, a native and citizen of Honduras, twice entered the United States without authorization. After the government ordered Petitioner removed to Honduras, Petitioner filed an application for withholding of removal. The IJ denied the motion. The BIA affirmed and denied Petitioner's motion to reopen and remand. The First Circuit vacated the removal order and remanded the case to the BIA for further proceedings, holding (1) the BIA erred in dismissing Petitioner's appeal based on her failure to corroborate; and (2) the BIA erred in finding that Petitioner did not adequately apply for relief under the Convention Against Torture. View "Molina-Diaz v. Rosen" on Justia Law

The First Circuit vacated the order of the Board of Immigration Appeals (BIA) affirming the determination of an immigration judge (IJ) that Petitioners, a husband and wife who were natives and citizens of Brazil, were not eligible for an adjustment of status pursuant to the "grandfathering" provisions of section 245(i) of the Immigration and Nationality Act (INA), holding that the BIA and IJ did not appropriately focus their inquiry.On appeal, Petitioners argued that the BIA applied incorrect standards in determining that a labor certification application (LCA) filed on behalf of the petitioner husband was not "approvable when filed" and erred in denying their motion to remand. The First Circuit held (1) determining whether an LCA is approvable when filed requires a holistic inquiry that is not a license to deny grandfathering based on any perceived shortcoming in an LCA; and (2) the IJ and BIA did not keep their focus on that inquiry in the course of their evaluation of the petitioner's LCA. View "Oliveira v. Wilkinson" on Justia Law

The First Circuit denied Petitioner's petition for judicial review seeking to set aside the decision of the Board of Immigration Appeals (BIA) affirming the denial of his application for asylum, withholding of removal, and other relief, holding that the BIA's decision must be upheld.On appeal, Petitioner's principal assignment of error challenged the denial of his asylum claim. Petitioner specifically argued against the adverse credibility determination of the immigration judge (IJ), which the BIA upheld. The First Circuit denied the petition for review, holding (1) the IJ's adverse credibility determination was supported by substantial evidence in the record, and therefore, the BIA's denial of Petitioner's asylum claim must be upheld; (2) because Petitioner failed to satisfy the standard required for asylum, his claim for withholding of removal necessarily failed; and (3) Petitioner's claim for CAT protection is deemed abandoned. View "Zaruma-Guaman v. Wilkinson" on Justia Law

After NYLAG sought access to non-precedential "unpublished opinions" issued by the BIA in immigrant cases under the Freedom of Information Act (FOIA), the district court dismissed the case and concluded that FOIA's remedial provision does not authorize district courts to order agencies to make records publicly available. NYLAG seeks disclosure of these opinions, which are not routinely made available to the public, in order to aid in its representation of low-income clients in removal and asylum proceedings.The Second Circuit vacated the district court's judgment, concluding that FOIA's remedial provision authorizes the relief NYLAG seeks. The court explained that FOIA's text, read in light of its history and purpose, empowers district courts to order agencies to comply with their affirmative disclosure obligations under 5 U.S.C. 552(a)(2), including the obligation to make certain documents publicly available. Therefore, the court remanded for further proceedings. View "New York Legal Assistance Group v. Board of Immigration Appeals" on Justia Law