Justia Government & Administrative Law Opinion Summaries

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

The First Circuit reversed the decision of the Board of Immigration Appeals (BIA) denying Petitioner's motion to reopen his removal proceedings, holding that Petitioner showed at least a reasonable chance that he will face future persecution based on his political opinion, and therefore, reversal was warranted.After Petitioner, a Venezuelan native and citizen, overstayed his visa U.S. Immigration and Customs Enforcement commenced removal proceedings against him. An immigration judge (IJ) found Petitioner ineligible for asylum, withholding of removal, and protection under the Convention Against Torture. The BIA and First Circuit affirmed. Seven years later, Petitioner submitted a motion to reopen his removal proceedings, arguing that conditions had materially worsened for political dissidents in Venezuela since the denial of his applications and claiming prima facie eligibility for asylum and withholding of removal relief. The BIA denied the motion, concluding that Petitioner failed to establish a material change in country conditions and rejecting Petitioner's evidence of a well-founded fear of future persecution. The First Circuit reversed, holding (1) the BIA's conclusion that country conditions in Venezuela had not worsened was arbitrary; and (2) the BIA improperly concluded that Petitioner's evidence could not establish prima facie eligibility for asylum and withholding of removal. View "Cabas v. Barr" on Justia Law

Mother and her four minor children were undocumented immigrants from Angola living in Vermont. Mother is married to the children’s father. At one time, father indicated that he would join the family in North America but he had not. Mother alleged that father had not contacted or supported the family since 2013. She also testified that there was no place for the children in Angola. In February 2018, mother sought relief under 15 V.S.A. 291, seeking award of sole legal and physical parental-rights-and-responsibilities (PRR) based on father’s abandonment of the family. Mother also asked the court to make special findings that would allow the children to apply for “special immigrant juvenile” (SIJ) status with the United States Citizenship and Immigration Services (USCIS). Father was served by publication in Angola. The trial court concluded that it was in the children’s best interests that mother have sole PRR, both legal and physical. It did not order any parent-child contact with father. The court denied mother’s request for SIJ findings, concluding it lacked authority to make SIJ findings because they were not necessary to its parental-rights-and-responsibilities (PRR) decision. The Vermont Supreme Court concluded that given the primacy of a child’s best interests in cases like this and the court’s broad discretion in determining those interests, the trial court did have the authority to make such findings. “It should make such findings when it is in a child’s best interests to do so and where such findings are supported by the evidence.” The Supreme Court therefore reversed and remanded the trial court’s decision to allow it to engage in this analysis. Because one of the juveniles would turn eighteen on July 13, 2019, the Supreme Court issued the mandate immediately and directed the court to issue its findings forthwith. View "Kitoko v. Salomao" on Justia Law

The First Circuit denied Appellant's petition for review of the decision of the Board of Immigration Appeals (BIA) vacating the decision of the immigration judge (IJ) granting Appellant's application for asylum and ordering her removal, holding that the that BIA's finding that Appellant failed to establish that she suffered persecution or that she was a member of her particular social group was supported by reasonable, substantial evidence.After Appellant, a native of El Salvador, entered the United States without inspection with her two sons, Appellant sought asylum, with her sons as derivative beneficiaries, arguing that the children's father threatened her on numerous occasions. Appellant never lived with the father. In her application, Appellant argued that she had been persecuted because of her membership in the social group of "women in El Salvador unable to leave a domestic relationship." The BIA found that Appellant's harm did not rise to the level of persecution required to grant asylum and that Appellant's relationship with her ex-partner was not a "domestic" relationship. The First Circuit affirmed, holding that the BIA's findings were supported by substantial evidence. View "Rivas-Duran v. Barr" on Justia Law

Defendant-Appellant Jose Luis Eliseo Arias-Quijada entered a conditional guilty plea to illegal reentry into the United States. He reserved the right to appeal the district court’s denial of his Motion to Assert a Defense of Duress. In this appeal, Arias-Quijada challenged the denial of his motion, arguing he presented sufficient evidence to create a triable issue on the affirmative defense of duress. He specifically challenged the district court’s conclusion that he failed to make a bona fide effort to surrender to immigration authorities once the alleged duress lost its coercive force. Finding no reversible error, the Tenth Circuit affirmed the district court's order denying Arias-Quijada's motion. View "United States v. Arias-Quijada" on Justia Law

The Supreme Court dismissed in part and denied in part Petitioner's petition for review of an order of the Board of Immigration Appeals (BIA), which upheld the immigration judge's (IJ) denial of Petitioner's applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), holding that the BIA's decision must stand.Specifically, the Court held (1) because Petitioner filed an untimely application for asylum, this Court did not have jurisdiction to review Petitioner's petition for review of the BIA's ruling on Petitioner's asylum claim; (2) Petitioner waived his challenge to the BIA's ruling affirming the IJ's denial of Petitioner's request for withholding of removal; and (3) Petitioner provided no basis for overturning the BIA's ruling on his CAT claim. View "Rodriguez-Palacios v. Barr" on Justia Law

After ICE changed how it calculated overtime pay for certain employees, the union filed a grievance, alleging that ICE changed the policy without first bargaining. The DC Circuit agreed with the Authority's determination that ICE had no duty to bargain with the union before changing its overtime policy because ICE's previous policy was unlawful. In this case, ICE's previous policy of excluding leave time was unlawful under a straightforward reading of the 1997 Guidance and the 2002 amendments to the regulations. View "American Federation of Government Employees National Council v. FLRA" on Justia Law

The First Circuit dismissed Petitioner's petition for judicial review of a Board of Immigration Appeals' (BIA) decision adopting and affirming an immigration judge's (IJ) denial of Petitioner's request for withholding of removal under the Immigration and Nationality Act, 8 U.S.C. 1231(b)(3), holding that the Court lacked jurisdiction to consider Petitioner's challenge to the denial of withholding of removal.Specifically, the Court held that it lacked jurisdiction over Petitioner's arguments because (1) Petitioner's first argument was nothing more than a challenge to the BIA's determination that he did not present sufficient evidence to meet his burden for withholding of removal, which the Court lacked jurisdiction to review; and (2) Petitioner failed to exhaust his particular social group argument. View "Fabian-Soriano v. Barr" on Justia Law