Justia Immigration Law Opinion Summaries

L. N., a native of Angola, sought asylum, withholding of removal, and protection under the Convention Against Torture (CAT) in the United States. She claimed persecution due to her and her father's opposition to corruption in Angola, citing incidents including her home being shot at in 2008, an assault in Ecuador in 2016, and her house being set on fire in 2017. L. N. argued that these incidents were connected to her father's anti-corruption activities.The Immigration Judge (IJ) denied L. N.'s applications, finding she did not establish a well-founded fear of persecution. The Board of Immigration Appeals (BIA) initially remanded the case to the IJ to consider expert testimony and the feasibility of internal relocation within Angola. On remand, the IJ again denied her claims, and the BIA affirmed this decision, leading L. N. to petition for review.The United States Court of Appeals for the Fifth Circuit reviewed the decisions of both the BIA and the IJ. The court applied the substantial evidence standard for factual findings and de novo review for constitutional claims and questions of law. The court found that substantial evidence supported the BIA's conclusion that L. N. did not suffer state-sponsored persecution and that the Angolan government was willing and able to protect her. The court also held that the BIA did not err in its analysis of past and future persecution and that substantial evidence supported the denial of CAT protection. Consequently, the Fifth Circuit denied L. N.'s petition for review. View "L. N. v. Garland" on Justia Law

Elfido Gonzalez Castillo, a Mexican citizen, was admitted to the U.S. as a lawful permanent resident in 1989. In 2009, he applied for naturalization but failed to disclose pending criminal charges for sexually abusing his niece. He was naturalized in October 2009 and later pled guilty to third-degree sexual assault. In 2019, the government sought to revoke his naturalization, which was granted in 2022. Subsequently, the Department of Homeland Security issued a Notice to Appear (NTA) for removal proceedings, charging Castillo with removability for a child abuse conviction. The NTA was filed in the Cleveland Immigration Court, and hearings were conducted remotely.The Immigration Judge (IJ) denied Castillo’s application for cancellation of removal. Castillo appealed to the Board of Immigration Appeals (BIA), arguing he was not removable because he was a U.S. citizen at the time of his conviction. The BIA applied Sixth Circuit law, as the NTA was filed in Cleveland, and dismissed the appeal. Castillo filed three petitions for review in the Third Circuit, asserting that venue was proper there because the IJ completed the proceedings while he was detained in Pennsylvania.The United States Court of Appeals for the Third Circuit reviewed the case to determine the proper venue for Castillo’s petitions. The court concluded that the IJ completed the proceedings in Cleveland, Ohio, where the NTA was filed and administrative venue vested. Therefore, venue did not lie in the Third Circuit but in the Sixth Circuit. The Third Circuit held that it had the inherent power to transfer the case to the appropriate venue and decided to transfer Castillo’s petitions to the United States Court of Appeals for the Sixth Circuit. View "Castillo v. Attorney General United States of America" on Justia Law

A former immigration attorney was convicted of conspiring with clients, interpreters, and employees to defraud the U.S. by submitting fabricated asylum applications. The attorney would create false stories for clients, often including fabricated details of persecution, and submit these to the United States Citizenship and Immigration Services (USCIS). Interpreters assisted by coaching clients to memorize false information and providing fraudulent translations during asylum interviews. Nine former clients testified against the attorney, and the jury found him guilty of conspiracy to defraud the U.S.The attorney's conviction was affirmed on direct appeal. He then moved to vacate his sentence under 28 U.S.C. § 2255, claiming undisclosed benefits were provided to witnesses. The district court authorized broad discovery, held a weeklong hearing, and denied the motion. The court found that undisclosed pre-trial benefits were immaterial and that post-trial benefits did not violate the attorney's rights as they were not promised to witnesses and would not have affected the trial's outcome.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court affirmed the district court's decision, holding that the undisclosed pre-trial benefits were immaterial and that the post-trial assistance provided to witnesses did not constitute a Brady violation. The court found no evidence of pre-trial promises regarding immigration status and concluded that the undisclosed availability of an "insider" for post-trial assistance was not material to the trial's outcome. The attorney's § 2255 motion was denied. View "Dekelaita v. USA" on Justia Law

Peng Shen, a Chinese citizen, applied for asylum, withholding of removal, and relief under the Convention Against Torture, claiming she was subjected to a forced abortion in China in 2003. Shen testified that a mandatory premarital health exam revealed her pregnancy, leading to the forced abortion. During cross-examination, DHS counsel suggested that the Chinese government had eliminated the premarital health check-up requirement by January 2003, causing Shen to become flustered and change her testimony.The Immigration Judge (IJ) denied Shen's application, finding her not credible based on her demeanor and inconsistencies in her testimony. The IJ noted Shen's initial confusion about the abortion date, her inconsistent statements about the premarital check-up, and discrepancies in her documentary evidence. The Board of Immigration Appeals (BIA) upheld the IJ's decision, focusing on Shen's inconsistent testimony about the premarital check-up and the notarial certificate's incorrect date.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court determined that DHS counsel had misstated Chinese law regarding the premarital check-up requirement, which was repealed effective October 1, 2003. This misstatement likely affected the IJ's adverse credibility determination. The court concluded that Shen's flustered response to the incorrect information could have been due to the pressure of the situation rather than dishonesty.The Ninth Circuit granted Shen's petition for review and remanded the case for further proceedings, instructing the agency to reassess Shen's credibility without the influence of the incorrect legal information provided during cross-examination. The court emphasized the need to consider the totality of the circumstances in making credibility determinations. View "SHEN V. GARLAND" on Justia Law

Mirvat Elgebaly, an Egyptian citizen, was admitted to the U.S. as a conditional permanent resident after marrying American citizen Saladin Muhammad. They later filed a joint petition to remove the conditions on her status, but Muhammad withdrew it, leading to the termination of her conditional status and initiation of removal proceedings. Elgebaly applied for two hardship waivers, claiming she entered the marriage in good faith and suffered extreme cruelty. The immigration judge (IJ) denied both waivers, finding her testimony not credible and insufficiently corroborated, and ordered her removal.Elgebaly appealed to the Board of Immigration Appeals (BIA), which dismissed her appeal, affirming the IJ's decision and finding no clear error in the credibility assessment or the conclusion that she did not enter the marriage in good faith. The BIA also found that the IJ conducted the hearing fairly. Elgebaly then filed a motion to reopen proceedings, presenting new evidence, which the BIA denied, stating that the evidence was either not new or not material.The United States Court of Appeals for the Sixth Circuit reviewed the case and denied Elgebaly’s petitions for review. The court held that the IJ’s credibility determination was sufficiently detailed to permit meaningful judicial review and that substantial evidence supported the finding that Elgebaly did not marry in good faith. The court also found that the IJ adequately assisted Elgebaly in developing the record during her pro se proceedings. Additionally, the court upheld the BIA’s denial of the motion to reopen, agreeing that the new evidence was either previously available or immaterial. Finally, the court rejected Elgebaly’s constitutional challenge to the structure of immigration proceedings, referencing the Supreme Court’s decision in SEC v. Jarkesy, which clarified that immigration adjudications concern public rights and do not require a jury trial. View "Elgebaly v. Garland" on Justia Law

The Department of Homeland Security served Pilar Sandoval Reynoso with a Notice to Appear, charging him with removability for unlawfully residing in the United States. Sandoval applied for cancellation of removal, but the Immigration Judge (IJ) denied his application, concluding that he did not establish ten years of continuous physical presence, did not show that his qualifying relative children would suffer exceptional and extremely unusual hardship, and did not merit a favorable exercise of discretion. The Board of Immigration Appeals (BIA) affirmed the IJ’s denial, including the discretionary finding.The IJ found that Sandoval had not established ten years of continuous physical presence and had not shown that his children would suffer exceptional and extremely unusual hardship. The IJ also determined that Sandoval did not merit a favorable exercise of discretion due to his history of criminal and civil infractions, including multiple illegal entries into the U.S. and a DUI conviction. The BIA affirmed the IJ’s decision, agreeing that Sandoval did not merit cancellation of removal as a matter of discretion.The United States Court of Appeals for the Seventh Circuit reviewed the case and determined that it lacked jurisdiction to review the IJ’s discretionary decision to deny Sandoval’s application for cancellation of removal under 8 U.S.C. § 1229b(b)(1). The court also lacked jurisdiction to consider the BIA’s review of the IJ’s decision. Consequently, the court dismissed Sandoval’s petition for review for lack of jurisdiction and denied the remainder of his petition. View "Sandoval Reynoso v. Garland" on Justia Law

The petitioner, Socorro Colin-Villavicencio, a native and citizen of Mexico, entered the United States lawfully in 1988. Her mother became a naturalized U.S. citizen in 1998. Colin-Villavicencio applied for adjustment of status but missed fingerprint appointments, leading to the abandonment of her application. In 2015, the Department of Homeland Security initiated removal proceedings after she was convicted of multiple felonies, including child abuse and drug possession. Representing herself, she claimed derivative citizenship based on her mother’s naturalization, but an Immigration Judge (IJ) denied this claim, finding she did not become a lawful permanent resident as a minor. The IJ also denied her relief under the Convention Against Torture (CAT).The Board of Immigration Appeals (BIA) affirmed the IJ’s decision, agreeing that Colin-Villavicencio did not establish a likelihood of torture if returned to Mexico. The BIA found that the country conditions and her brother’s attack did not sufficiently demonstrate a particularized risk of torture or police acquiescence. The BIA also upheld the IJ’s determination that her prior convictions precluded asylum and withholding of removal.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court denied Colin-Villavicencio’s derivative citizenship claim, concluding she did not meet the requirements under 8 U.S.C. § 1432(a)(3) because her parents never married, and her father’s paternity was established by legitimation under Baja California law. The court also found substantial evidence supporting the BIA’s denial of CAT relief, noting she did not show a particularized risk of torture or police acquiescence. The Ninth Circuit thus denied her petition for review. View "COLIN-VILLAVICENCIO V. GARLAND" on Justia Law

Franklin Manaen Ramos-Gutierrez, a native of El Salvador, entered the United States in 2013 and was served with a Notice to Appear, charging him with removability. He applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Ramos-Gutierrez claimed he was harassed and beaten by gang members in El Salvador for refusing to join them. He testified that the gang continued to inquire about him even after he moved to the United States. The Immigration Judge (IJ) found him credible but denied his applications, concluding that his claimed social groups were not legally cognizable and that he failed to demonstrate a nexus between the harm and a protected ground.The IJ determined that Ramos-Gutierrez's claimed social groups—"young person who has been beaten and threatened by gangs" and "young individual targeted for gang recruitment"—were impermissibly circular and too amorphous. The IJ also found that the gang's actions were criminal acts aimed at coercion rather than persecution based on a protected ground. The IJ denied the CAT claim, stating that Ramos-Gutierrez had not shown he would be tortured if returned to El Salvador. The Board of Immigration Appeals (BIA) affirmed the IJ's decision, agreeing that the claimed social groups were not cognizable and that there was no nexus to a protected ground. The BIA also noted that Ramos-Gutierrez had waived any challenge to the IJ's denial of CAT protection.The United States Court of Appeals for the First Circuit reviewed the case and upheld the BIA's decision. The court found substantial evidence supporting the IJ's and BIA's conclusions that the claimed social groups were not legally cognizable and that there was no nexus between the harm and a protected ground. The court also agreed that the petitioner had waived his CAT claim. Consequently, the petition for review was denied. View "Ramos-Gutierrez v. Garland" on Justia Law

The case involves several companies that post immigration surety bonds challenging a Department of Homeland Security (DHS) rule. The rule, promulgated by Acting Secretary Chad Wolf in 2020, allowed DHS to refuse business from certain surety firms. The plaintiffs argued that Wolf was not duly appointed and thus lacked the authority to issue the rule. In 2021, Secretary of Homeland Security Alejandro Mayorkas, who was duly appointed, ratified the rule.The United States District Court for the Northern District of California granted summary judgment in favor of the plaintiffs. The court found that Wolf was not properly serving as Acting Secretary when he promulgated the rule and that Mayorkas's ratification was barred by the Federal Vacancies Reform Act (FVRA). The district court vacated the rule, agreeing with the plaintiffs that the rule was improperly promulgated.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the FVRA did not bar Mayorkas from ratifying the rule and that the ratification cured any defects in the rule’s promulgation. The court explained that the Ratification Bar in the FVRA applies only to nondelegable functions or duties, which are those required by statute or regulation to be performed by the applicable officer and only that officer. Since the promulgation of the rule was a delegable duty, the ratification by Mayorkas was valid.The Ninth Circuit reversed the district court’s summary judgment in favor of the plaintiffs and remanded the case for further proceedings. The main holding was that the ratification by a duly appointed Secretary cured any defects in the rule’s initial promulgation by an improperly appointed Acting Secretary. View "GONZALES & GONZALES BONDS & INSURANCE AGENCY, INC." on Justia Law

Petitioner Prince Belo Paye, a Krahn from Liberia, sought review of a final order of removal issued by the Board of Immigration Appeals (BIA). Paye fled Liberia as a child during the civil war due to ethnic cleansing and genocide against the Krahn people. He lived in refugee camps in Sierra Leone and Guinea before entering the United States as a refugee in 2005. Paye was later convicted of firearms-related offenses in the U.S., leading to removal proceedings. He sought asylum, withholding of removal, and protection under the Convention Against Torture (CAT), arguing that his forced flight from Liberia and an assault at the Sierra Leone-Guinea border constituted past persecution.The Immigration Judge (IJ) found Paye's testimony credible but denied his claims. The IJ determined that Paye's convictions were "particularly serious crimes," making him ineligible for withholding of removal. The IJ also concluded that Paye did not demonstrate past persecution, as the assault at the border could not be attributed to the Liberian government. The BIA affirmed the IJ's decision, agreeing that Paye's convictions were particularly serious crimes and that the Liberian government was not responsible for the border assault.The United States Court of Appeals for the First Circuit reviewed the case. The court found that the agency failed to address whether Paye's forced flight from Liberia due to ethnic cleansing and genocide constituted past persecution. This omission hindered meaningful review of the agency's denial of withholding of removal. The court vacated the BIA's decision and remanded the case for further proceedings, instructing the agency to consider whether Paye's escape from Liberia amounted to past persecution and to provide a clear and reasoned explanation for its determination. The court affirmed the agency's conclusion regarding the border attack, finding no error in its analysis. View "Paye v. Garland" on Justia Law