Justia Government & Administrative Law Opinion Summaries

The First Circuit denied Petitioner's petition to review a decision of the Board of Immigration Appeals (BIA) denying his requests for asylum and withholding of removal under the Immigration and Naturalization Act and for protection under the Convention Against Torture (CAT), holding that substantial evidence supported the BIA's decision.Specifically, the First Circuit held (1) Petitioner failed to establish that he had been persecuted or had a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; and (2) the record did not compel a conclusion that state actors would be complicit in torturing him in the future. View "Celicourt v. Barr" on Justia Law

Statewide filed three actions alleging that certain aspects of DHS's current administration of the immigration-bond system violate the Administrative Procedure Act (APA) and Statewide's right to due process under the United States Constitution. The district court dismissed Statewide I for failure to state a claim and lack of jurisdiction, Statewide II on DHS's motion for judgment on the pleadings, and Statewide III for failure to state a claim.In Statewide I, plaintiffs sued DHS to prevent its collection on breached immigration bonds before the resolution of Statewide's pending untimely appeals; in Statewide II, plaintiffs sued DHS to prevent collection on breached immigration bonds because DHS provided allegedly defective Notices to Appear and Notices to Produce Alien before issuing bond breach determinations; and in Statewide III, plaintiffs sued DHS for rejecting appeals of bond breach determinations that Statewide alleges were timely filed.The DC Circuit affirmed the district court's dismissal of the APA claims in Statewide I and III because the challenged DHS actions are consistent with the pertinent regulations. The court also affirmed the district court's dismissal of the due process claims in Statewide I, II, and III because the multiple means DHS provides to contest final bond breach determinations afford Statewide constitutionally sufficient process. View "Statewide Bonding, Inc. v. Department of Homeland Security" on Justia Law

The Second Circuit affirmed the district court's judgment in favor of the government defendants in a Freedom of Information Act (FOIA) action brought by plaintiff, seeking documents related to the revocation of his visa.The court held that the contested documents were properly withheld under FOIA Exemption 3, and specifically INA 222(f), because they pertain to the issuance and refusal of a visa. Furthermore, officials properly invoked Exemption 3 to withhold revocation documents as they are related to visa issuances and refusals. Finally, plaintiff failed to meet his burden of demonstrating that the records are needed by a court "in the interest of the ends of justice," and the discretionary release of records under 8 U.S.C. 1202(f)(1) provides no basis for disclosure in this FOIA action. For the reasons set forth in a separate summary order addressing FOIA Exemption 5 filed simultaneously with this opinion, the court affirmed the judgment. View "Spadaro v. United States Customs and Border Protection" on Justia Law

The Government challenges the district court's preliminary injunction entered in response to plaintiffs' claims that conditions at the Adelanto Immigration and Customs Enforcement Processing Center, where they were detained, placed them at unconstitutional risk of contracting COVID-19. After oral argument, 38 detainees had tested positive for COVID-19, over 300 were awaiting test results, and 9 had been hospitalized.The Ninth Circuit affirmed in part the preliminary injunction order, holding that the district court was permitted to order the reduction of Adelanto's population, which may have required the release of some detainees, if such a remedy was necessary to cure the alleged constitutional violations. The panel also held that the district court did not abuse its discretion by issuing some form of preliminary injunctive relief in response to plaintiffs' due process claims. The panel explained that, in light of the district court's factual findings which the Government has not shown to be clearly erroneous, the conditions at Adelanto in April 2020 violated detainees' due process right to reasonable safety where Adelanto was so crowded that social distancing to combat the spread of the novel coronavirus was impossible, detainees had inadequate access to masks, guards were not required to wear masks, there was not enough soap or hand sanitizer to go around, detainees were responsible for cleaning the facility with only dirty towels and dirty water, detainees were compelled to sleep with less than six feet of distance between them, and not all new arrivals were being properly quarantined or tested. The panel stated that the Government was aware of the risks and its inadequate response reflected a reckless disregard for detainee safety. Therefore, the district court rightly concluded that plaintiffs were likely to prevail on the merits. Furthermore, the district court correctly concluded that plaintiffs were likely to suffer irreparable harm absent relief given COVID-19's high mortality rate, and the equities and public interest tipped in plaintiffs' favor. The panel further held that the district court did not err by provisionally certifying a class of all Adelanto detainees. In light of the changed circumstances at Adelanto since the preliminary injunction was entered, the panel vacated in part and remanded in part for the district court to address the current circumstances. View "Hernandez Roman v. Wolf" on Justia Law

The First Circuit denied Petitioner's petition for review of a final order of the Board of Immigration Appeals (BIA) denying his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), holding that Petitioner's claims were unavailing.After Petitioner was placed in removal proceedings he sought asylum, withholding of removal, and protection under the CAT. The immigration judge (IJ) denied relief. The BIA affirmed and, pursuant to the IJ's order, granted Petitioner voluntary departure. The First Circuit denied Petitioner's petition for review, holding (1) Petitioner did not establish that he was eligible for asylum; (2) the resolution of Petitioner's asylum claim also disposed of his withholding of removal claim; and (3) Petitioner's claim related to the denial of his request for CAT protection was waived. View "Zhakira v. Barr" on Justia Law

The First Circuit denied Petitioner's petition for review of determinations by the immigration judge (IJ) and Board of Immigration Appeals (BIA) denying Petitioner's request for withholding of removal and voluntary departure, holding that there was no abuse of discretion or error of law.Petitioner was arrested in Connecticut on criminal charges. When served with a notice to appear in immigration court, Petitioner requested withholding of removal and voluntary departure. The IJ ruled against Petitioner, and Petitioner appealed. Before the IJ made its ruling Petitioner's wife filed an I-130 petition on his behalf. While Petitioner's appeal to the BIA was pending, Petitioner's charges in Connecticut were dropped and his I-130 petition was approved. Based on these developments, Petitioner moved to remand his case to the IJ. The BIA denied Petitioner's appeal and his motion to remand. The First Circuit denied Petitioner's petition for review, holding (1) Petitioner's withholding of removal claim failed; (2) the IJ did not err in denying Petitioner's application for voluntary departure; (3) the IJ did not err in denying Petitioner's motion for a continuance; and (4) the BIA did not abuse its discretion in denying Petitioner's motion to remand. View "Lee v. Barr" on Justia Law

The First Circuit denied Petitioner's petition for judicial review of the decision of the Board of Immigration Appeals (BIA) affirming the judgment of the immigration judge (IJ) denying Petitioner's applications for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT), holding that Petitioner's claims failed.Petitioner, an Ecuadorian national, conceded removability and applied for asylum, withholding of removal, and CAT protection. The IJ determined that Petitioner had failed to substantiate any of his three claims and denied relief. The BIA affirmed. The First Circuit affirmed, holding that substantial evidence supported the agency's findings. View "Loja-Tene v. Barr" on Justia Law

The First Circuit denied Appellant's petition for review of the decision of the Board of Immigration Appeals (BIA) dismissing Appellant's appeal from the decision of the immigration judge (IJ) denying Appellant's application for asylum, withholding of removal (WOR), and protection under the United Nations Convention Against Torture (CAT), holding that the conclusions of the IJ and BIA were supported by substantial evidence.Appellant, a Honduran national, filed an application for asylum, WOR, and CAT relief. The IJ denied Appellant's applications and ordered that he be removed to Honduras. The BIA dismissed Appellant's petition for asylum and WOR and denied his application for protection under CAT. The First Circuit affirmed, holding (1) the BIA and IJ's conclusion that Appellant did not show that the government of Honduras was unable or unwilling to protect him was supported by substantial evidence; and (2) Appellant did not establish that it was more likely than not that he would be tortured if removed to Honduras. View "Gomez-Medina v. Barr" on Justia Law

The Ninth Circuit vacated a preliminary injunction barring implementation of decisions to terminate Temporary Protected Status (TPS) designations of Sudan, Nicaragua, Haiti, and El Salvador. The TPS program is a congressionally created humanitarian program administered by DHS that provides temporary relief to nationals of designated foreign countries that have been stricken by a natural disaster, armed conflict, or other "extraordinary and temporary conditions in the foreign state."The panel held that judicial review of plaintiffs' claim under the Administrative Procedure Act (APA) is barred by 8 U.S.C. 1254a(b)(5)(A). Under the TPS statute, the Secretary possesses full and unreviewable discretion as to whether to consider intervening events in making a TPS determination. In this case, plaintiffs' attempt to rely on the APA to invoke justiciability over what would otherwise be an unreviewable challenge to specific TPS determinations, constitutes an impermissible circumvention of section 1254a(b)(5)(A).The panel also held that plaintiffs failed to show a likelihood of success, or even serious questions, on the merits of their Equal Protection claim. The district court found that the DHS Secretaries were influenced by President Trump and/or the White House in their TPS decisionmaking, and that President Trump had expressed animus against non-white, non-European immigrants. However, without any evidence linking them, the panel concluded that these two factual findings alone cannot support a finding of discriminatory purpose for the TPS terminations. View "Ramos v. Wolf" on Justia Law

Plaintiff represents three certified classes which are defined to include, in relevant part, all current and future individuals who are subject to an immigration detainer issued by an ICE agent located in the Central District of California, excluding individuals with final orders of removal or who are subject to ongoing removal proceedings. The district court entered a judgment and two permanent injunctions in favor of plaintiff and the Probable Cause Subclass on Fourth Amendment claims. The State Authority Injunction enjoins the Government from issuing detainers from the Central District to law enforcement agencies (LEAs) in states that lack state law permitting state and local LEAs to make civil immigration arrests based on civil immigration detainers. The Database Injunction enjoins the Government from issuing detainers to class members based solely on searches of electronic databases to make probable cause determinations of removability.The Ninth Circuit first held that plaintiff had Article III standing to seek prospective injunctive relief when he commenced suit; second, the panel held that the district court did not abuse its discretion in certifying the Probable Cause Subclass pursuant to Rule 23(b)(2) with plaintiff as the class representative; third, the panel held that 8 U.S.C. 252(f)(1) does not bar injunctive relief for the claims in this case because the only provision of the Immigration and Nationality Act (INA) whose text even refers to immigration detainers is not among the provisions that section 1252(f)(1) encompasses; fourth, the panel reversed and vacated the State Authority Injunction because the presence or absence of probable cause determines whether the Government violates the Fourth Amendment when issuing a detainer, not state law restrictions; fifth, the panel reversed and vacated the Database Injunction because it is premised on legal error and lacks critical factual findings; and finally, the panel reversed summary judgment for the Government on plaintiffs' claim pursuant to Gerstein v. Pugh, 420 U.S. 103 (1975). View "Gonzalez v. United States Immigration and Customs Enforcement" on Justia Law