Justia Government & Administrative Law Opinion Summaries

Petitioner, a native and citizen of China, was placed in removal proceedings. Petitioner sought filed an application for asylum, withholding of removal, and protection under the Convention Against Torture, seeking relief. An immigration judge granted Petitioner's asylum application, finding that Petitioner had a reasonable fear in being subject to, at a minimum, having a forced intrauterine device (IUD) insertion and possibly sterilization in order to prevent her giving birth to future children. The Board of Immigration Appeals (BIA) reversed. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA did not err in concluding that Petitioner did not face an objectively reasonable risk of having implanted an IUD by Chinese authorities through persecutory means or of suffering persecutory harm if she were to refuse to have an IUD implanted. View "Lin v. Holder" on Justia Law

Petitioner, a native and citizen of Guinea, petitioned for review of the BIA's denial of his claim for asylum based on the untimeliness of his application. The court concluded that the BIA did not commit legal error because it did not require petitioner to show both "changed circumstances" and "extraordinary circumstances" to excuse his untimeliness. Instead, the BIA independently analyzed both exceptions and agreed with the IJ that petitioner met neither of them. Further, the issue of whether a "material" change in circumstances affected petitioner's eligibility for asylum was not a reviewable question of law. Accordingly, the court dismissed the petition because it lacked jurisdiction to review the BIA's determination that the application for asylum was untimely. View "Goromou v. Holder, Jr." on Justia Law

Petitioner, a native and citizen of Guatemala, entered the United States without inspection. After the United State initiated removal proceedings against him, Petitioner applied for relief in the form of asylum, withholding of removal, and protection under the Convention Against Torture (CAT), alleging that he feared torture by guerrilla forces in Guatemala due to his father's military service and work in the civil patrol. The immigration judge (IJ) concluded that Petitioner failed to establish a threshold case for relief. The board of immigration appeals (BIA) affirmed. Nine years later, Petitioner filed a motion to reopen his application for asylum and withholding of removal. The BIA denied Petitioner's motion, finding that he failed to demonstrate a material change in country conditions and failed to establish a prima facie case for asylum. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA (1) properly concluded that Petitioner failed to establish a material change in country conditions necessary to reopen removal proceedings; and (2) did not err in finding Petitioner failed to establish a prima facie case for asylum. View "Jutus v. Holder" on Justia Law

Petitioner was admitted to the United States as a permanent resident on a conditional basis based on her marriage to a United States citizen. After she divorced, Petitioner's status as a conditional permanent resident was terminated. Petitioner filed two applications for relief six months past the deadline. The immigration judge (IJ) denied the applications, finding, among other things, that Petitioner had abandoned her applications by failing to file them by the deadline. The Board of Immigration Appeals (BIA) affirmed on the grounds of abandonment. The First Circuit Court of Appeals denied Petitioner's petition for review, holding (1) the IJ acted within her discretion in finding that Petitioner had abandoned her applications for relief by missing the filing deadline; and (2) because the BIA's and IJ's findings as to abandonment was not an abuse of discretion, the BIA did not abuse its discretion by failing to address Petitioner's other arguments on appeal. View "Moreta v. Holder" on Justia Law

Sunarto Ang and his wife Tuti Erlina, citizens of Indonesia, overstayed their visas and applied to the Department of Homeland Security (DHS) for asylum. The DHS subsequently charged And and Erlina with removability. Ang and Erlina renewed their application for asylum and applied for withholding of removal and protection under the Convention Against Torture (CAT). The immigration judge (IJ) rejected the application for asylum. The Board of Immigration Appeals (BIA) dismissed Ang and Erlina's appeal, finding that Ang and Erlina did not suffer past persecution or have a well-founded fear of future persecution. The First Circuit Court of Appeals denied Ang and Erlina's petition for review, holding that substantial evidence supported the conclusion of the IJ and the BIA that Ang and Erlina were not entitled to asylum. View "Ang v. Holder" on Justia Law

Petitioner was a citizen and native of Jamaica who entered the United States as a lawful permanent resident. A decade later, Petitioner pleaded guilty to second-degree larceny in the state of Connecticut. The Department of Homeland Security subsequently initiated removal proceedings against Petitioner, alleging that Petitioner was removable because he had been convicted of an aggravated felony, specifically, a theft offense. Petitioner filed an application for cancellation of removal. The immigration judge ordered Petitioner removed, concluding, among other things, that Connecticut second-degree larceny qualifies as a theft offense. The Board of Immigration Appeals (BIA) affirmed. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA did not err in concluding that larceny in the second degree under Connecticut law qualifies as a theft offense aggravated felony. View "Lecky v. Holder" on Justia Law

Petitioner was a native and citizen of the People's Republic of China. In 2002, the Board of Immigration Appeals (BIA) upheld the denial of Petitioner's application for asylum and withholding of removal. In 2011, Petitioner filed a motion to reopen his removal proceedings, claiming he risked persecution if he returned to China because of his political activity. Petitioner claimed that the ninety-day deadline to file a motion to reopen removal proceedings was inapplicable because his motion was based on changed country conditions in China. The BIA denied Petitioner's motion to reopen as untimely, determining that he had not demonstrated changed country conditions that would exempt his motion from the deadline. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that Petitioner failed to satisfy any of the exceptions to the time limit for a motion to reopen. View "Chen v. Holder" on Justia Law

Pro se petitioner Peter Munis appealed a Board of Immigration Appeals (BIA) order that dismissed his appeal of an immigration judge's denial of his request for discretionary removal. Petitioner overstayed his student visa and got a job without authorization which led to initiation of removal proceedings. Petitioner conceded the charge of removability, but sought discretionary relief, arguing that his marriage to an American citizen was grounds to adjust his status, and without relief, would pose an extreme hardship to his wife. The government raised petitioner's criminal history as grounds for removal. The IJ denied relief and the BIA dismissed his appeal. Finding that the BIA's discretionary denial of a waiver of inadmissibility or adjustment of status absent a legal or constitutional question was unreviewable, the Tenth Circuit dismissed petitioner's appeal for lack of jurisdiction. View "Munis v. Holder" on Justia Law

Petitioner Arturo Montano-Vega admitted to remaining in the United States illegally, and requested permission to leave voluntarily. Petitioner wanted to avoid a ten-year bar on readmission for aliens who had been "ordered removed." The immigration judge hearing petitioner's case refused the request. Petitioner appealed to the Board of Immigration appeals: if he continued the appeal, he would have to stay in the U.S. for the duration; if he left, the BIA would consider his appeal abandoned and subject petitioner to the ten-year ban. Petitioner elected to leave, and the BIA dismissed his appeal. Petitioner appealed the BIA's decision to the Tenth Circuit challenging the application of 8 C.F.R. 1003.4 to his case in addition to the immigration judge's refusal to allow him to leave voluntarily. Upon review, the Tenth Circuit denied petitioner's challenge to the BIA order because by leaving, his appeal was deemed withdrawn, leaving the court without jurisdiction to hear the case. View "Montano-Vega v. Holder" on Justia Law

Petitioner Elia Ibarra was ordered removed by the Department of Homeland Security for a Colorado conviction on child abuse. The events leading up to her conviction were unclear, but it was undisputed that petitioner's children were unintentionally left home alone while she was at work. No child was injured. Petitioner requested discretionary relief from removal under 8 U.S.C. 1229b(b)(1). The immigration judge hearing petitioner's case decided that she was ineligible cancellation of removal. Petitioner then appealed to the Tenth Circuit to review the immigration judge's decision that found her Colorado conviction for "child abuse-negligence-no injury" was the same as (or close enough to be categorically considered) "child abuse, neglect or abandonment" as codified under the Immigration and Nationality Act. Upon review, the Tenth Circuit agreed with petitioner that the Board of Immigration Appeals' then-current interpretation of "child abuse, neglect and abandonment" extended the full range of conduct criminalized by the Colorado statute. Accordingly, the Court reversed the BIA's decision rendering petitioner ineligible for discretionary cancellation of removal. View "Ibarra v. Holder, Jr." on Justia Law