Justia Government & Administrative Law Opinion Summaries

The First Circuit vacated the decision of the Board of Immigration Appeals (BIA) denying Petitioner's motion to reopen as untimely, holding that the grounds that the BIA gave for rejecting Petitioner's arguments were not sustainable and thus could not support the BIA's decision to reject Petitioner's motion as untimely.Petitioner, a Guatemalan national who entered the United States without inspection, faced the prospect of removal on the basis of a 2010 BIA decision denying her asylum, withholding of removal, and relief under the Convention Against Torture. Years later, Petitioner filed a motion to reopen and sought to excuse the untimeliness of the motion on the basis of changed country conditions in Guatemala. The BIA denied the motion as untimely. The First Circuit vacated the BIA's decision and remanded, holding that sufficient evidence did not support the BIA's grounds for rejecting Petitioner's changed country arguments, and therefore, the BIA erred in rejecting Petitioner's motion as untimely. View "Perez-Tino v. Barr" on Justia Law

The Fifth Circuit affirmed the district court's dismissal of plaintiff's complaint, seeking a declaration of citizenship under 8 U.S.C. 1503(a). The court held that the district court did not clearly err in denying jurisdiction over the section 1503(a) claim in light of the deficient record developed by plaintiff and the court's deferential standard of review. The court also held that section 1503(a) was an adequate alternative remedy for plaintiff's injury, and that the district court was therefore correct that it lacked jurisdiction over his claim under the Administrative Procedure Act. View "Flores v. Pompeo" 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 immigration judge's (IJ) denial of Petitioner's application for refugee status, holding that substantial evidence supported the findings of the immigration court.Petitioner, a native of El Salvador, entered the United States unlawfully. Petitioner sought asylum, withholding of removal, and relief under the Convention Against Torture, asserting that he was abused and threatened as a child by family and purported gang members in El Salvador. The IJ denied Petitioner's application for refugee status and ordered his removal to El Salvador. The BIA dismissed Petitioner's appeal and affirmed the IJ. The First Circuit affirmed, holding that substantial evidence supported the immigration court's findings. View "Miranda-Bojorquez v. Barr" on Justia Law

The First Circuit denied Petitioner for review of a Board of Immigration Appeals (BIA) order affirming the immigration judge's (IJ) denial of his applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), holding that the BIA did not err in concluding that Petitioner was ineligible for asylum, and Petitioner's remaining claims were likewise unavailing.The IJ concluded that Petitioner was ineligible for asylum because he lacked membership in a cognizable "particular social group." The BIA reached the same conclusion. The First Circuit affirmed, holding (1) the BIA did not err in concluding that Petitioner was ineligible for asylum because he lacked membership in a cognizable "particular social group"; (2) resolution of Petitioner's asylum claim also disposed of Petitioner's withholding of removal claim; and (3) substantial evidence in the record supported the BIA's finding that Petitioner was not entitled to protection under the CAT. View "Ramirez-Perez v. Barr" on Justia Law

The First Circuit upheld the decision of the Board of Immigration Appeals (BIA) refusing to reopen Petitioner's removal proceedings, holding that the BIA properly determined that the conditions Petitioner faced in her homeland had not materially changed during the relevant period.Petitioner, a Ugandan national, conceded removability. The immigration judge (IJ) ordered Petitioner removed to Uganda, a final agency order that Petitioner did not appeal. Petitioner subsequently filed a timely motion to reopen her removal proceedings, which the IJ and BIA rejected. Petitioner later filed a second motion to reopen. The BIA denied the motion, determining that it was procedurally barred and that Petitioner failed to establish a material change in Ugandan country conditions. The First Circuit denied Petitioner's petition for judicial review, holding that the BIA did not abuse its discretion in finding that Petitioner failed to show a material change in country conditions. View "Nantume v. Barr" on Justia Law

The First Circuit granted in part and denied in part Petitioner's petition for review of the decision of the Board of Immigration Appeals (BIA) affirming an immigration judge's (IJ) denial of Petitioner's application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT), holding that substantial evidence did not support the BIA's decision to deny Petitioner's applications for asylum and withholding of removal.Petitioner, a citizen of Nepal, contested deportation, claiming a fear of persecution for his political beliefs if he repatriated. The IJ denied Petitioner's application for asylum, withholding of removal, and protection under CAT. The BIA affirmed. The First Circuit held (1) the Government did not meet its burden to rebut the presumption of a well-founded fear of persecution, and therefore, Petitioner was statutorily eligible to seek asylum; (2) because the BIA and IJ did not weigh the total corpus of evidence offered in support of the withholding claim, this evidence should be assessed in the first instance by the agency on remand; and (3) substantial evidence supported the BIA's denial of Petitioner's application for protection under CAT. View "Dahal v. Barr" on Justia Law

Five Peruvian shepherds who worked in the Western United States pursuant to H-2A agricultural visas brought antitrust claims, on behalf of themselves and similarly situated classes of shepherds, against several sheep ranchers (the “Rancher Defendants”), two associations (the “Association Defendants”), and Dennis Richins (referred to collectively as the “Defendants”). The Shepherds alleged the Defendants “conspired and agreed to fix wages offered and paid to shepherds at the minimum DOL wage floor.” The Shepherds also brought class action RICO claims against Richins and the Association Defendants. The RICO claims focused on allegedly false assurances made by the Association Defendants to the federal government that H-2A shepherds were being properly reimbursed for various expenses. The district court dismissed as to both claims, finding the complaint did not plausibly allege an agreement to fix wages, and did not allege the existence of enterprises distinct from the persons alleged to have engaged in those enterprises. The trial court denied the Shepherds' request to amend their complaint. On appeal, the Shepherds argued there were valid antitrust and RICO claims, and that the district court abused its discretion in denying their motion to amend their complaint. The Tenth Circuit concluded the district court erred in dismissing the RICO claim naming Richins as a defendant. But in all other regards, the district court was affirmed. View "Llacua v. Western Range Association" on Justia Law

The Ninth Circuit reversed the district court's grant of summary judgment for the City in an action challenging the DOJ's use of certain factors in determining scores for applicants to a competitive grant program. The Community Oriented Policing Services (COPS) grant program allocates a limited pool of funds to state and local applicants under the Public Safety Partnership and Community Policing Act, enacted as part of the Violent Crime Control and Law Enforcement Act.In this case, the DOJ gives additional points to an applicant that chooses to focus on the illegal immigration area (instead of other focus areas) and gives additional points to an applicant who agrees to the Certification of Illegal Immigration Cooperation. After determining that the case was not moot and that the City had Article III standing, the panel held that the DOJ's use of these two factors in evaluating for the competitive grant program did not violate the Spending Clause of the U.S. Constitution, did not exceed the DOJ's statutory authority, and did not violate the Administrative Procedure Act. View "City of Los Angeles v. Barr" on Justia Law

The First Circuit granted Petitioner's petition for judicial review from the decision of the Board of Immigration Appeals (BIA) affirming the decision of the immigration judge (IJ) denying Petitioner's applications for relief and ordering his removal and vacated the BIA's order, holding that the agency committed clear legal error both in overlooking critical evidence supporting Petitioner's claim for withholding of removal and in using such evidence as part of its rationale for denying that claim.Petitioner, a Dominican national, was charged as removable. Petitioner filed cross-applications for withholding of removal and protection under the United Nations Convention Against Torture (CAT). The IJ denied Petitioner's applications, and the BIA affirmed. The First Circuit vacated the agency's final order in its entirety and remanded this matter for further proceedings, holding that the agency clearly erred in overlooking important evidence supporting Petitioner's claim for withholding of removal, and the flaws that permeated the agency's analysis of that claim potentially comprised the agency's analysis of Petitioner's CAT claim. View "Rodriguez-Villar v. Barr" on Justia Law

The First Circuit granted Petitioner's petition asking the Court to review an order from the Board of Immigration Appeals (BIA) denying her motion to reopen removal proceedings, holding that the Court lacked jurisdiction to review one of Petitioner's claims but, with respect to her latter three claims, it was appropriate to grant the petition and remand to the BIA for further proceedings.Petitioner, a native and citizen of Ghana, petitioned the BIA to reopen removal proceedings so that she could apply for cancellation of removal under the "special rule" for battered spouses and children, asylum, withholding of removal, and protection under the Convention Against Torture. Before the First Circuit, Petitioner argued that the BIA erred in denying the motion on each of those grounds. The First Circuit held (1) this Court is without jurisdiction to review the BIA's denial of "special rule" cancellation; and (2) this case must be remanded to the BIA for further examination and explication of its decision ruling against Petitioner on her remaining claims. View "Twum v. Barr" on Justia Law