Justia Government & Administrative Law Opinion Summaries

The First Circuit granted in part and denied in part Appellant's petition for review of the judgment of the board of immigration appeals (BIA) finding that Appellant was ineligible for asylum and denying her application for withholding of removal, holding that Appellant's application for withholding of removal should be remanded.Appellant, a native of Guatemala, applied for relief that included asylum and withholding of removal. The immigration judge (IJ) and the BIA denied relief. On appeal, the government conceded that Appellant's application for withholding of removal should be remanded due to the failure of the IJ and BIA to consider relevant aspects of Appellant's claims of past persecution. The First Circuit (1) vacated the denial of Appellant's application for withholding from removal, holding that the IJ and BIA erred by failing to consider certain evidence and by failing to provide her with an opportunity to explain why she could not provide certain corroborating evidence in connection with her request for withholding; and (2) held that it lacked jurisdiction to review the denial of Appellant's request for asylum. View "Ixcuna-Garcia v. Garland" on Justia Law

The First Circuit vacated the decision of the Board of Immigration Appeals affirming Petitioner's order of removal and denying his requests for cancellation of removal and voluntary departure, holding that a conviction under R.I. Gen. Laws (RIGL) 31-9-1 is not categorically a theft offense.In 2016, Petitioner, a citizen of Cape Verde who came to the United States as a lawful permanent resident in 1989, was convicted in a Rhode Island superior court of driving a motor vehicle without consent of the owner or lessee, in violation of RIGL 31-9-1. Thereafter, the Department of Homeland Security initiated removal proceedings against Petitioner. Petitioner argued that he was eligible for cancellation of removal and voluntary departure because a conviction under RIGL 31-9-1 did not constitute an aggravated felony theft offense. An immigration judge (IJ) determined that Petitioner's Rhode Island conviction was categorically a theft offense, thus denying relief. The Board of Immigration Appeals (BIA) affirmed. The First Circuit vacated the BIA's opinion, holding that Petitioner's conviction under RIGL 31-9-1 did not constitute a categorical aggravated felony theft offense. View "Da Graca v. Garland" on Justia Law

The First Circuit granted in part Petitioner's petition appealing the board of Immigration Appeals' (BIA) denial of Petitioner's application for withholding of removal under Immigration and Nationality Act (INA) section 241(b)(3) and relief under article 3 of the United Nations Convention Against Torture (CAT), holding that remand was required.In denying Petitioner's application, the immigration judge found that Defendant's testimony was entitled to limited weight and that Petitioner's failure to provide corroborating evidence was fatal to his claim for relief. The BIA summarily affirmed. The First Circuit vacated the denials of withholding of relief under the CAT and remanded the case for further consideration, holding that in light of certain irregularities in the record, this Court could not uphold the IJ's determination that the record was supported by sufficient indicia of reliability to be used in assessing Petitioner's credibility. View "Bonilla v. Garland" on Justia Law

The First Circuit denied in part and dismissed in part Petitioner's petition for review of a final order of the Board of Immigration Appeals (BIA) affirming the decision of an immigration judge (IJ) finding Petitioner removable and ordering him removed from the United States, holding that this Court lacked jurisdiction in part.At issue was the denial of Petitioner's application for adjustment of immigration status, waiver of inadmissibility, asylum withholding of removal, and protection under the Convention Against Torture. On appeal, Petitioner argued that the agency relied on a wrong legal standard and wrongfully applied that standard in his case. The First Circuit held (1) the BIA adequately considered the question of extraordinary circumstances called for in Matter of Jean, 23 I. & N. Dec. 373 (A.G. 2002); and (2) this Court lacked jurisdiction to consider the relative weight the BIA accorded to the evidence to deny the waiver of inadmissibility. View "Peulic v. Garland" on Justia Law

The First Circuit granted Petitioner's petition for review of a decision by the Board of Immigration Appeals (BIA) affirming the denial of Petitioner's claims for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT), holding that the immigration judge's (IJ) credibility judgment was not supported by substantial evidence.The IJ rejected Petitioner's petition for relief based on an adverse credibility determination that primarily drew its support from a gang assessment database. The BIA affirmed. Petitioner then petitioned for review, arguing that the agency's reliance on the flawed gang package undermined the credibility finding and resulted in a due process violation. The First Circuit granted the petition after noting the flaws in the gang assessment database, including the database's reliance on an erratic point system built on unsubstantiated inferences, holding that neither the agency's adverse credibility determination nor its denial of Petitioner's claims was supported by substantial evidence. View "Ortiz v. Garland" on Justia Law

The First Circuit affirmed in part and vacated in part the holdings of the district court affirming the conclusions of the Federal Highway Administration (FHWA) approving the Maine Department of Transportation's (MDOT) plan to construct a modern bridge upstream of a current, historic bridge and to tear down the historic bridge when construction is finished, holding that the agency's decision was not arbitrary or capricious.Plaintiffs brought this action challenging the FHWA's decision to approve Maine's decision, seeking to review and set aside that approval. The district court considered and rejected several of Plaintiffs' arguments. The First Circuit affirmed all of the district court's holdings except one, holding (1) Plaintiffs' challenges to the cost estimates were without merit; and (2) the matter must be remanded to the FHWA for the limited purpose of allowing the agency to justify use of a service-life analysis. View "Historic Bridge Foundation v. Buttigieg" on Justia Law

The First Circuit affirmed the decision of the Massachusetts Department of Environmental Protection (DEP) reaffirming the issuance of an air permit to Algonquin Gas Transmission, LLC for a natural gas compressor station in Weymouth, Massachusetts, holding that the agency's actions were not arbitrary or capricious.DEP had previously approved Algonquin's plans to power the Weymouth station using a natural gas-fired turbine, which emitted nitrogen oxides. In a prior appeal, the City of Quincy, the Towns of Braintree and Hingham, and a group of citizens (collectively, the City) and other petitioners established that the DEP did not follow its own procedures when it eliminated an electric motor as a possible alternative to the gas-fired turbine, and the First Circuit remanded the case. On remand, DEP again concluded that an electric motor was not what Massachusetts regulations call the "best available control technology" (BACT) for the new compressor station and reaffirmed the air permit at issue. The First Circuit affirmed the DEP's decision after remand, holding that substantial evidence supported the decision and that the agency's determination was not arbitrary and capricious. View "City of Quincy v. Massachusetts Department of Environmental Protection" on Justia Law

The First Circuit denied the petition filed by Petitioner, a native and citizen of Haiti, seeking review of an order of the Board of Immigration Appeals (BIA) that affirmed the denial of Petitioner's application for protection under the Convention Against Torture (CAT), holding that Petitioner's claims failed.After Petitioner was served with a notice to appear alleging that he was subject to removal, Petitioner filed an application for asylum, withholding of removal, and protection under the CAT. An immigration judge (IJ) denied Petitioner's application. The BIA affirmed and adopted the IJ's determination. The First Circuit affirmed, holding that the lower courts did not err in finding that Petitioner failed to show that it was more likely than not that he would be tortured in Haiti if he returned. View "Bonnet v. Garland" on Justia Law

The First Circuit granted in part and denied in part Petitioner's petition for review of the decisions of the Board of Immigration Appeals (BIA) determining that Petitioner's previous conviction constituted a "particularly serious crime" making him ineligible for withholding of removal and denying his application for deferral of removal under the Convention Against Torture (CAT), holding that the BIA erred in part.The lower agencies found that Petitioner's conviction for possession of oxycodone with intent to distribute in violation of Mass. Gen. Laws ch. 94C, 32A(a) was a particularly serious crime rendering him ineligible for withholding of removal and denied his application for deferral of removal under the CAT. The First Circuit denied Petitioner's petition for review insofar as he sought CAT relief but granted the petition in part because the immigration judge informed Petitioner that he was eligible for potential relief only under the CAT and treated Petitioner's conviction for drug trafficking as if it were a per se bar to withholding of removal. The First Circuit remanded the case to the BIA with instructions to give Petitioner a new hearing to determine whether he was entitled to withholding of removal. View "De Carvalho v. Garland" on Justia Law

In this dispute between the Maine lobster industry and the National Marine Fisheries Service (the Agency) over a rule barring frequently employed methods of lobstering the First Circuit granted the Agency's motion for a stay pending appeal of the district court's issuance a permanent injunction, holding that the Agency was entitled to a stay.In 2021, the Agency issued a rule barring, from October to January each year, the most frequently employed methods of lobstering in an approximately 1,000-square-mile area of the Atlantic Ocean in order to reduce the risk that a right whale would become entangled in the ropes connecting lobster traps to buoys. Plaintiffs brought this action seeking to postpone enforcement of the new rule until the district court could finally decide whether the new rule was lawful. The district court granted Plaintiffs' preliminary request. The Agency appealed and asked the First Circuit to issue a stay of the district court order. The First Circuit granted the government's motion, holding the district court misapprended the record and erred in rejecting the Agency's arguments. View "District 4 Lodge of the International Ass'n v. Raimondo" on Justia Law