Justia Government & Administrative Law Opinion Summaries

Appellant is a dual citizen of the United Kingdom and Saudi Arabia who entered the United States on a visa to receive graduate medical education. He sought to adjust his immigration status to that of a legal permanent resident under Section 1255 of the Immigration and Nationality Act (the “INA”). The United States Citizenship and Immigration Services (“USCIS”) determined that he was ineligible for adjustment of status and denied his applications. Appellant and his wife challenged that decision by filing suit under the Administrative Procedure Act (“APA”). The district court dismissed the case for lack of subject-matter jurisdiction under 8 U.S.C. Section 1252(a)(2)(B)(i).   The DC Circuit affirmed and held that the district court correctly dismissed Appellants’ case for lack of subject-matter jurisdiction. Based on the plain meaning of Section 1252(a)(2)(B)(i), and the reasoning of Patel v. Garland, 142 S. Ct. 1614, USCIS’s decision to deny Appellants’ application for adjustment of status is unreviewable by a federal district court. The court explained that to avoid the dismissal of their case, Appellants sought to confine Patel’s holding to petitions for review of removal orders. Although Patel addressed a judgment made in a removal proceeding before an immigration judge and reserved ruling on whether Section 1252(a)(2)(B)(i) bars review of analogous judgments by USCIS that are challenged under the APA in a federal court. The court saw no basis for the distinction that Appellants attempt to draw. Section 1252(a)(2)(B) specifically provides that the relevant jurisdiction-stripping language applies “regardless of whether the judgment, decision, or action is made in removal proceedings.” View "Adil Abuzeid v. Alejandro Mayorkas" on Justia Law

The First Circuit denied in part and dismissed in part the order of the Board of Immigration Appeals (BIA) upholding an immigration judge's (IJ) denial of Petitioners' request for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), holding that Petitioners were not entitled to relief.The IJ denied the requests for asylum and withholding of removal brought by Petitioners, a mother and daughter who were natives and citizens of Honduras, based on its finding Petitioners failed to demonstrate a well-founded fear of future persecution "on account of" a statutorily protected ground. Petitioners sought judicial review. The First Circuit denied the petition in part and otherwise dismissed it, holding (1) substantial evidence supported the agency's findings; and (2) Petitioners' CAT claim was not administratively exhausted. View "Barnica-Lopez v. Garland" on Justia Law

The First Circuit vacated the order of the Board of Immigration Appeals (BIA) rejecting Petitioner's claim for withholding of removal, holding that the BIA erred in failing properly to consider significant documentary evidence.Petitioner, a native and citizen of Honduras, applied for withholding of removal, alleging that she endured pervasive abuse at the hands of her ex-husband and that she fled Honduras to escape the abuse. An immigration judge (IJ) denied her application for withholding of removal, finding Petitioner to be not credible. The BIA dismissed Petitioner's appeal. The First Circuit vacated the BIA's decision because the agency had failed to consider the documentary evidence. On remand, the BIA again affirmed. The First Circuit vacated the BIA's order and remanded the case for further proceedings, holding that the BIA failed properly to consider the documentary evidence in accordance with this Court's prior remand order. View "Aguilar-Escoto v. Garland" on Justia Law

The First Circuit affirmed in part and vacated in part the order of the Board of Immigration Appeals (BIA) affirming the decision of the immigration (IJ) denying all three forms of relief sought by Petitioner, holding that the agencies improperly denied relief under the Convention Against Torture (CAT).Petitioner, a Guatemalan citizen, fled to the United States after a police-aided assault left him hospitalized. Petitioner sought asylum, withholding of removal, and relief under the CAT. The IJ found Petitioner credible but denied his requests for relief. The First Circuit affirmed in part and vacated in part, holding (1) there was no basis to reverse the IJ's denial of asylum or withholding of removal; but (2) the harm inflicted in the past on Petitioner clearly satisfied the severity element of torture for purposes of adjudicating a claim for relief under the CAT. View "Hernandez-Martinez v. Garland" on Justia Law

Plaintiff American Civil Liberties Union Immigrants’ Rights Project (“ACLU”) brought a Freedom of Information Act (“FOIA”) suit in district court to compel Defendant, United States Immigration and Customs Enforcement (“ICE”), to produce agency records in the form of electronic spreadsheet data pertaining to five stages of the immigration enforcement and deportation process. ICE produced 21 spreadsheets of responsive data but did not comply with ACLU’s request to replace exempt Alien Identification Numbers (“A-Numbers”) on such spreadsheets with anonymized unique identifiers (“Unique IDs”). ACLU submits that such Unique IDs could be any combinations of numbers, letters, or symbols that, while meaningless in themselves, would allow ACLU to track datapoints pertaining to individual (but unidentified) aliens across ICE databases. The district court granted ICE’s motion for summary judgment, ruling that ACLU’s requested substitution effectively required ICE to create new records.   The Second Circuit reversed the award of summary judgment to ICE and remanded. The court reasoned that by redacting A-Numbers from the spreadsheets, it produced conveying datapoints by event rather than by person, ICE not only shielded the FOIA-exempt personal identifying information (“PII”) documented by the A-Numbers but also effectively deprived the public of access to nonexempt records in the same person-centric manner available to the agency. The court explained that the substitution of Unique IDs for A-Numbers does not create any new agency records and is a reasonable step to shield the exempt content of A-Numbers while preserving the function necessary to afford public access to non-exempt records in the same person-centric form or format available to the agency. View "ACLU Immigrants' Rts. Project v. ICE" on Justia Law

The First Circuit denied Petitioner's petition for review of an immigration judge's (IJ) denial of his application for withholding of removal, holding that the Petitioner's arguments were unavailing.Petitioner, a native and citizen of El Salvador, was subject to removal. Petitioner expressed fear of persecution or torture with the asylum officer. The asylum officer rejected Petitioner's reasonable fear claim, concluding that there was insufficient evidence to find that Petitioner had been attacked because of a protected ground. The IJ upheld the asylum officer's decision. The First Circuit affirmed, holding that the IJ did not err by dismissing Petitioner's gang-related claim. View "Reyes-Ramos v. Garland" on Justia Law

The First Circuit denied a petition for review sought by Petitioners, four individuals who left El Salvador for fear of harm at the hands of a gang, holding that the decision of the Board of Immigration Appeals (BIA) was supported by substantial evidence in the record.After Petitioners were charged as removable they conceded removability but cross-applied for asylum, withholding of removal, and relief under the United Nations Convention Against Torture. An immigration judge (IJ) rejected Petitioners' claims for relief, concluding that Petitioners failed to show that their claimed persecution bore a nexus to a protected ground. The BIA affirmed. The First Circuit denied Petitioners' petition for review, holding that the agency's determination that family membership was not a central reason for Petitioners' persecution was supported by substantial evidence in the record. View "Jimenez-Portillo v. Garland" on Justia Law

The First Circuit denied Petitioner's petition for review of a decision by the Board of Immigration Appeals (BIA) that denied Petitioner's motion to reopen and terminate his removal proceedings but granted the petition and vacated the BIA's ruling as to Petitioner's motion to reopen and rescind an in absentia removal order against him, holding that Petitioner received the requisite notice.In his motion to reopen to terminate his removal proceedings Petitioner argued that the immigration court lacked jurisdiction over his removal proceedings and in his motion in the alternative to reopen and rescind his removal order in absentia he argued that he did not receive proper notice in accordance with 8 U.S.C. 1229(a). The First Circuit rejected Petitioner's first argument but agreed with his second, holding that the BIA did not permissibly construe the term "notice" in concluding that Petitioner received the requisite notice to be ordered removed in absentia for failing to appear at his removal proceedings. View "Laparra-Deleon v. Garland" on Justia Law

The First Circuit granted in part Petitioner's petition for review of an order of the Board of Immigration Appeals (BIA) affirming the denial of Petitioner's application for withholding of removal under the Immigration and Nationality Act (INA) and for protection under the Convention Against Torture (CAT), holding that the BIA erred in rejecting Petitioner's social group claim.An immigration judge denied Petitioner's application for withholding of removal and ordered him removed. The BIA dismissed Petitioner's appeal, finding that Petitioner had not established eligibility for withholding of removal. The First Circuit granted in part Petitioner's petition for review and vacated in part the decision of the BIA, holding (1) the BIA's decision rejecting Petitioner's social group claim was in error, and remand was required for the BIA to consider whether Petitioner's proposed social group satisfied the requirements for constituting a particular social group under the INA to which Petitioner belonged; and (2) Petitioner was not entitled to relief on his remaining claims of error. View "Chavez v. Garland" on Justia Law

The First Circuit granted Petitioner's petition for review of an order of the Board of Immigration Appeals (BIA) affirming the denial of Petitioner's application for deferral of removal to Honduras under the Convention Against Torture (CAT), holding that the BIA erred in its review of the decision of the immigration judge (IJ).The IJ denied deferral of removal to Honduras, concluding that Petitioner was not likely to be tortured by, or with the consent or acquiescence of, the Honduran government. The BIA found no error in the IJ's determination. The First Circuit reversed, holding the the BIA erred when it (1) applied the incorrect standard of review to uphold the IJ's denial of CAT relief as to Honduras; (2) improperly failed to address Petitioner's argument that he would likely be tortured by or at the instigation of Honduran officials; and (3) failed meaningfully to address Petitioner's argument that MS-13 members may act under color of law. View "H.H. v. Garland" on Justia Law