Justia Government & Administrative Law Opinion Summaries

The First Circuit denied the petition sought by Petitioners, natives and citizens of Guatemala, seeking review of the denial of their applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).An immigration judge (IJ) found Petitioners’ asylum applications to be untimely filed and found that Petitioners failed to carry their burden of proof with respect to their withholding of removal and CAT claims. The Board of Immigration Appeals (BIA) adopted and affirmed the IJ’s decision. The First Circuit upheld the lower courts, holding (1) this Court lacked jurisdiction to review Petitioners’ claim that they fell within the “extraordinary circumstances” exception to the filing requirement of the asylum application; and (2) substantial evidence in the record supported the IJ and BIA’s finding that Petitioner failed to demonstrate that they suffered past persecution or had a well-founded fear of future persecution. View "Olmos-Colaj v. Sessions" on Justia Law

The First Circuit denied Petitioner’s petition for review from the denial of his application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The immigration judge (IJ) denied Petitioner’s application, ruling that his claimed social group was not a protected ground under the Immigration and Nationality Act and that Petitioner had not established a nexus between his alleged persecution, or fear of future persecution, and any protected ground. The Board of Immigration Appeals (BIA) upheld the IJ’s decision, concluding that Petitioner did not establish that any persecution he had suffered or feared was on account of a protected ground. The First Circuit agreed, holding that there was substantial evidence before the IJ and BIA that Petitioner failed to meet his burden to establish a nexus between his alleged persecution and a statutorily protected ground. View "Lopez-Lopez v. Sessions" on Justia Law

The First Circuit denied Petitioner’s petition for review from the Board of Immigration Appeals’ (BIA) dismissal of her appeal from the denial of her application for asylum and withholding of removal of herself and, derivatively, her two minor children, holding that Petitioner’s challenge to the denial of her claims failed.At her removal proceedings before the immigration judge (IJ), Petitioner testified and submitted a declaration in support of her applications for asylum and withholding of removal, claiming that she suffered past persecution in Honduras on account of her membership in her family and that she had a well-founded fear of future persecution on account of her familial ties. The IJ denied Petitioner’s applications and ordered Petitioner and her minor children removed. The BIA dismissed Petitioner’s appeal. The First Circuit agreed with the IJ and the BIA, holding that Petitioner’s challenge to the denial of her asylum claim failed, and so, for identical reasons, did her challenge to the denial of her withholding of removal claim also fail. View "Sosa-Perez v. Sessions" on Justia Law

The First Circuit denied Petitioner’s petition for review from the Board of Immigration Appeals’ (BIA) dismissal of her appeal from the denial of her application for asylum and withholding of removal of herself and, derivatively, her two minor children, holding that Petitioner’s challenge to the denial of her claims failed.At her removal proceedings before the immigration judge (IJ), Petitioner testified and submitted a declaration in support of her applications for asylum and withholding of removal, claiming that she suffered past persecution in Honduras on account of her membership in her family and that she had a well-founded fear of future persecution on account of her familial ties. The IJ denied Petitioner’s applications and ordered Petitioner and her minor children removed. The BIA dismissed Petitioner’s appeal. The First Circuit agreed with the IJ and the BIA, holding that Petitioner’s challenge to the denial of her asylum claim failed, and so, for identical reasons, did her challenge to the denial of her withholding of removal claim also fail. View "Sosa-Perez v. Sessions" on Justia Law

The First Circuit remanded this immigration case to the Board of Immigration Appeals (BIA) due to its insufficient explanation of why the least culpable conduct prohibited under Mass. Gen. Laws ch. 266, 2 is morally reprehensible, and why the statute’s requirement of “malice,” as construed by Massachusetts courts, qualifies the crime as a crime involving moral turpitude (CIMT).Petitioner, a native and citizen of the Dominican Republic, was charged as removable. Petitioner denied his removability and, in the alternative, requested several forms of relief. Petitioner was previously convicted of the crime of Massachusetts arson. The immigration judge (IJ) concluded that Petitioner’s Massachusetts crime was categorically a CIMT. The IJ also found Petitioner ineligible for relief from removal on the basis that he failed to prove that his conviction was not an aggravated felony. The BIA dismissed Petitioner’s appeal in an opinion that replicated the IJ’s reasoning. The First Circuit granted Petitioner’s petition for review, vacated the BIA’s opinion, and remanded for further proceedings for the reasons set forth above. View "Rosa Pena v. Sessions" on Justia Law

The First Circuit affirmed the Tax Court’s decision upholding the Commissioner’s notice of deficiency against Transupport, Inc. The notice of deficiency reduced Transport’s cost of goods sold, reduced deductions it took for compensation paid to four employee-shareholders, and assessed a twenty percent accuracy-related penalty for tax years 2006 through 2008.This was the Tax Court’s second opinion in this case, the first of which addressed whether Transupport committed fraud. The First Circuit affirmed the Tax Court’s decision in Transupport II, as to which this appeal was taken, holding that the Tax Court (1) did not make errors of law or err in its findings of fact when upholding the notice of deficiency’s adjustment to deductions Transupport took for compensation paid to the employee-shareholders; (2) did not clearly err in determining Transupport’s gross profit percentage with regard to the cost of goods sold; and (3) did not clearly err in applying the accuracy-related penalty. View "Transupport, Inc. v. Commissioner of Internal Revenue" on Justia Law

The First Circuit denied Petitioner’s petition for review of an order of the Board of Immigration Appeals (BIA) denying Petitioner’s applications for asylum, withholding of removal, and protection under the Convention Against Torture Act (CAT). In her applications, Petitioner, a citizen of El Salvador, claimed that she was persecuted, and faced future persecution, at the hands of Salvadorian gang members on account of her family membership. An immigration judge (IJ) credited Petitioner’s testimony as true but nonetheless denied relief. The BIA affirmed. The First Circuit affirmed, holding (1) Petitioner could not satisfy her claim for asylum, and therefore, she also could not satisfy her claim for withholding of removal; and (2) Petitioner provided no basis by which the court should reverse the BIA’s decision denying her protection under the CAT. View "Villalta-Martinez v. Sessions" on Justia Law

The First Circuit denied Petitioner’s petition for review of an order of the Occupational Safety and Health Review Commission, which declined Petitioner’s petition for review of a decision of the Occupational Safety and Health Administration (OSHA) imposing fines for violations related to an accident at a construction worksite in Massachusetts. Before the First Circuit, Petitioner argued that OSHA wrongly held it responsible for the acts and omissions of a subcontractor. The First Circuit affirmed, holding that the administrative law judge’s findings of fact were supported by substantial evidence considering the record as a whole. View "A.C. Castle Construction Co. v. Acosta" on Justia Law

The First Circuit denied the petition for review filed by Petitioner, a native and citizen of Honduras, seeking relief from the decision of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) denial of Petitioner’s application for withholding of removal (WOR) and protection under the Convention Against Torture (CAT). In his application, Petitioner claimed that he had experienced past persecution and faced a clear probability of future persecution in Honduras on account of his family membership. The IJ determined that Petitioner failed to establish that he had suffered - or was likely to suffer in the future - harm that was sufficient to constitute persecution and related to his family membership. The BIA affirmed. The First Circuit denied Petitioner’s petition for review, holding that none of Petitioner’s claims warranted relief from the decisions of the IJ and BIA. View "Ruiz-Escobar v. Sessions" on Justia Law

The First Circuit denied the petition filed by Petitioner, a Guatemalan national, seeking judicial review of a final order of the Board of Immigration Appeals (BIA) denying her application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT).At the conclusion of a removal hearing, an immigration judge (IJ) concluded that Petitioner was ineligible for either asylum or withholding for removal because she was unable to show that the harm she suffered in Guatemala was on account of a statutorily protected ground. The IJ also concluded that Petitioner did not qualify for CAT protection. After the BIA upheld the IJ’s decision, Petitioner sought judicial review. The First Circuit affirmed, holding that, as to Petitioner’s application for asylum and for withholding of removal, the IJ and BIA supportably found that Petitioner failed to establish a nexus between the claimed harm and a statutorily protected ground. View "Perez-Rabanales v. Sessions" on Justia Law