Justia Immigration Law Opinion Summaries
Ferchichi v. Bondi
The Ferchichi family, natives and citizens of Algeria, sought asylum in the United States due to their son T.F.'s severe spina bifida condition. After being denied adequate medical treatment in Algeria, they raised funds and traveled to the U.S. for T.F.'s surgery. They filed for asylum, withholding of removal, and protection under the Convention Against Torture (CAT) in 2009, claiming persecution based on T.F.'s disability and fear of future persecution due to their public criticism of the Algerian medical system.The Immigration Judge (IJ) denied their claims in 2011, finding that the lack of treatment was due to Algeria's inadequate healthcare system and not persecution based on T.F.'s condition. The IJ also found no evidence of future persecution, noting that their family members in Algeria had not been harmed. The Board of Immigration Appeals (BIA) affirmed the IJ's decision in 2022, agreeing that the refusal to treat T.F. was due to the government's desire to avoid international treatment costs and not persecution.The United States Court of Appeals for the Eighth Circuit reviewed the case. The court upheld the BIA's decision, finding substantial evidence that the lack of medical care was due to Algeria's healthcare inadequacies and not persecution. The court also agreed that the Ferchichis did not demonstrate a well-founded fear of future persecution, as their family members in Algeria had not been harmed and the country condition reports did not directly link to their situation. Consequently, the court denied the Ferchichis' petition for review. View "Ferchichi v. Bondi" on Justia Law
MURILLO-CHAVEZ V. BONDI
Edgar Murillo-Chavez, a lawful permanent resident (LPR) from Mexico, entered the United States as a child without being admitted or paroled. He was granted special immigrant juvenile (SIJ) status in 2010 and became an LPR in 2011. In 2016, he pleaded no contest to unlawful possession of a firearm in Oregon. In 2018, he was convicted of unlawful use of a weapon and first-degree criminal mistreatment, both in Oregon.An Immigration Judge (IJ) found Murillo removable for a firearms offense and for committing two crimes involving moral turpitude (CIMTs). The IJ also determined that Murillo was ineligible for cancellation of removal because he committed a CIMT within seven years of being admitted. Murillo appealed to the Board of Immigration Appeals (BIA), which dismissed his appeal, agreeing with the IJ that his 2018 convictions were CIMTs and that he was admitted when he became an LPR in 2011. Murillo then filed a motion to reopen, claiming ineffective assistance of counsel, which the BIA denied.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that Murillo's 2016 conviction for unlawful possession of a firearm was a removable offense under 8 U.S.C. § 1227(a)(2)(C). The court also agreed with the BIA that Murillo was not "admitted" when he obtained SIJ status but when he became an LPR in 2011. Consequently, his 2018 conviction for first-degree criminal mistreatment, which occurred within seven years of his LPR admission, was a CIMT, making him ineligible for cancellation of removal. The court denied Murillo's petitions for review. View "MURILLO-CHAVEZ V. BONDI" on Justia Law
Ikome v. Bondi
Peter Mosoko Ikome, a native and citizen of Cameroon, entered the United States in 1989 as a nonimmigrant visitor but overstayed his visa. Over the years, he engaged in various proceedings with U.S. immigration authorities regarding his status and removability. Ikome married a U.S. citizen in 1992, who filed an I-130 petition for him, but they divorced in 1998 before the petition was adjudicated. In 1991, Ikome was arrested for rape and later pled guilty to attempted rape and attempted sexual assault. His convictions were overturned in 2002, and his deportation proceedings were terminated in 2006. He was again charged with removability in 2009 and conceded removability in 2011. He married another U.S. citizen, Melissa Senior, who filed an I-130 petition for him, which was approved in 2014. However, due to marital issues, Ikome's daughter filed an I-130 petition for him in 2019.The Immigration Judge (IJ) denied Ikome's motion for a continuance to allow for the adjudication of his daughter's I-130 petition, citing a lack of good cause. The IJ also denied his application for cancellation of removal, finding that he did not demonstrate that his children would suffer "exceptional and extremely unusual hardship" if he were removed. The Board of Immigration Appeals (BIA) affirmed the IJ's decisions and denied Ikome's motion to remand the case to the IJ to pursue adjustment of status based on his daughter's approved I-130 petition, citing a lack of due diligence.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that it lacked jurisdiction to review the BIA's affirmance of the IJ's denial of Ikome's motion for a continuance, as such determinations are discretionary and not subject to judicial review. The court also found that the BIA did not abuse its discretion in denying Ikome's motion to remand, as he failed to show due diligence in pursuing adjustment of status through his daughter's petition. Consequently, the court dismissed Ikome's petition in part and denied it in part. View "Ikome v. Bondi" on Justia Law
Sanches Alves v. Bondi
Franciele dos Reis Olimpio Alves, a native and citizen of Brazil, along with her husband and child, arrived in the United States in 2021 and were placed in removal proceedings. They conceded removability, and Olimpio filed an application for asylum, withholding of removal, and protection under the Convention Against Torture, citing abuse by her ex-partner in Brazil. The Immigration Judge (IJ) denied her request for relief, concluding that even if the abuse amounted to persecution, it was not on account of a protected ground.Olimpio appealed the IJ's denial of her asylum claim to the Board of Immigration Appeals (BIA). The BIA affirmed the IJ's decision, agreeing that Olimpio's ex-partner's motivation to harm her was based on personal issues regarding their relationship, not on account of her membership in a particular social group. Olimpio, her husband, and child then petitioned for review of the BIA's decision.The United States Court of Appeals for the First Circuit reviewed the case. The court noted that it reviews both the IJ's and the BIA's decisions as a unit when the BIA adopts portions of the IJ's findings while adding its own analysis. The court upheld the agency's factual findings under the substantial-evidence standard, which requires upholding the findings unless any reasonable adjudicator would be compelled to conclude otherwise.The court held that Olimpio did not demonstrate the requisite nexus between her claimed persecution and a protected ground. The agency reasonably concluded that her ex-partner's actions were motivated by personal issues rather than her membership in the proposed social group of "Brazilian women who are victims of domestic violence." Consequently, the petition for review was denied. View "Sanches Alves v. Bondi" on Justia Law
Lapadat v. Bondi
Ion Lapadat and his family, all of Roma ethnicity, sought asylum in the United States due to severe mistreatment in Romania. Ion testified that he was shot in the back while collecting firewood, and his family faced attempted kidnappings, threats, and violence. They also experienced pervasive discrimination, including denial of healthcare, employment, and access to public services. The Immigration Judge (IJ) found their testimony credible but denied their applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), concluding that their experiences did not rise to the level of persecution.The Board of Immigration Appeals (BIA) affirmed the IJ's decision, agreeing that the mistreatment did not constitute persecution and that the Roma are not a disfavored group in Romania. The BIA also found that Ion failed to establish a well-founded fear of future persecution. Ion then petitioned for review of the BIA's decision.The United States Court of Appeals for the Ninth Circuit reviewed the case and concluded that the BIA erred in its analysis. The court held that Ion's past experiences, including being shot and the severe assaults and threats faced by his family, collectively rose to the level of persecution. The court also determined that the BIA erred in concluding that the Roma are not a disfavored group in Romania, noting the long history of anti-Roma abuse and the Romanian government's documented persecutory conduct.The Ninth Circuit granted Ion's petition for review and remanded the case for further proceedings consistent with its opinion, instructing the BIA to address the remaining elements of Ion's asylum claim and to reconsider his fear of future persecution. View "Lapadat v. Bondi" on Justia Law
Phimmady v. Bondi
Sine Phimmady, a Laotian refugee admitted to the U.S. in 1979, was convicted of multiple assault-related crimes in 1992 and 1993. He served five years in prison and was subsequently placed in removal proceedings by the Immigration and Naturalization Services (INS). An Immigration Judge (IJ) found him deportable based on his convictions, and the Board of Immigration Appeals (BIA) dismissed his appeal. After being released from INS custody in 2000, Phimmady rebuilt his life, maintaining steady employment and starting a family. In 2022, he successfully vacated his 1993 convictions due to a lack of proper immigration warnings during his plea hearings.Phimmady requested the BIA to reopen his removal proceedings sua sponte, citing the vacatur of his convictions. The BIA denied his motion, stating that he had not demonstrated an exceptional situation warranting reopening, particularly noting his delay in seeking post-conviction relief. Phimmady filed a motion for reconsideration, arguing that the BIA had a settled practice of granting reopening in cases where convictions were vacated due to defects in the criminal proceedings. The BIA denied the reconsideration, emphasizing the need to consider the specific facts and circumstances of each case, including Phimmady's delay and the nature of his convictions.The United States Court of Appeals for the First Circuit reviewed the case. The court concluded that the BIA does not have a settled practice of granting sua sponte reopening solely based on the vacatur of convictions. The court found that the BIA's decisions often consider the totality of circumstances, including the noncitizen's diligence in seeking post-conviction relief. Therefore, the court denied Phimmady's petition for review, upholding the BIA's decision. View "Phimmady v. Bondi" on Justia Law
Porter v. Bondi
Javi Porter, a lawful permanent resident of the United States and a native of Jamaica, was convicted under Virginia law for possessing with intent to distribute methamphetamine. The Department of Homeland Security (DHS) classified this conviction as an aggravated felony and initiated removal proceedings against him. Porter sought review of the final order of the Board of Immigration Appeals (BIA), which affirmed an immigration judge’s (IJ) denial of his motion to terminate removal proceedings and found him removable as an aggravated felon.The IJ denied Porter’s motion to terminate the removal proceedings, concluding that DHS had proven by clear and convincing evidence that Porter was convicted of an aggravated felony. The IJ sustained the charge of removability and denied Porter’s subsequent motion for reconsideration. The IJ later issued a final summary order finding Porter removable as charged. Porter appealed to the BIA, arguing that the IJ erred in denying his motion to terminate the removal proceedings.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court held that Porter’s Virginia drug-trafficking conviction qualifies as an aggravated felony under the Immigration and Nationality Act (INA). The court found that the Virginia statute under which Porter was convicted is divisible by the identity of the controlled substance and applied the modified categorical approach. The court concluded that possession with intent to distribute any amount of methamphetamine is a federal felony under the Controlled Substances Act (CSA). Therefore, Porter’s conviction under Virginia law is a categorical match to a felony offense under the CSA, rendering him removable under 8 U.S.C. § 1227(a)(2)(A)(iii). The court denied Porter’s petition for review. View "Porter v. Bondi" on Justia Law
US v. Dominguez
Javier Chavez Dominguez, a Mexican citizen, was arrested in North Carolina in August 2022 on state drug charges. After confirming his identity and criminal history, he was charged with Illegal Reentry after Removal Subsequent to Conviction for Aggravated Felony under 8 U.S.C. §§ 1326(a), (b)(2). Dominguez pleaded guilty and received a 48-month prison sentence followed by three years of supervised release. He appealed the sentence, presenting new arguments not raised in the district court.The United States District Court for the Middle District of North Carolina handled the initial proceedings. Dominguez faced both state and federal charges, first pleading guilty to state charges and receiving a 10 to 21-month sentence. Upon release, he was detained by ICE and later charged federally. He pleaded guilty to the federal charge without filing any motions and did not object to the presentence investigation report (PSR), which calculated his advisory Guidelines range as 30 to 37 months.The United States Court of Appeals for the Fourth Circuit reviewed the case. Dominguez raised four main challenges: the classification of his 2015 Arizona conviction as an aggravated felony, the constitutionality of his prior removal proceedings, the calculation of his Sentencing Guidelines range, and the substantive reasonableness of his upward variant sentence. The court found no reversible error in the district court's decisions. It held that Dominguez's guilty plea waived his right to challenge the constitutionality of his prior removals and that the district court did not plainly err in its Guidelines calculation or in imposing the upward variant sentence. The court affirmed the district court's judgment. View "US v. Dominguez" on Justia Law
Funez-Ortiz v. McHenry
Melvin Funez-Ortiz, a Honduran national, fled to the United States to escape violence and threats from a gang in Honduras. The gang had murdered several of his family members, shot him, and continued to threaten his family. After entering the U.S. in 2018, Funez was apprehended by immigration officials and later convicted of various offenses in Virginia. Following his imprisonment, he was transferred to immigration custody, where he applied for asylum, withholding of removal, and deferral of removal under the Convention Against Torture (CAT).An immigration judge (IJ) denied Funez’s requests for asylum and withholding of removal but granted his application for deferral of removal under the CAT. The IJ found that Funez would likely be tortured by the gang with the acquiescence of the Honduran government if he were returned to Honduras. The Department of Homeland Security (DHS) appealed the IJ’s decision to the Board of Immigration Appeals (BIA).The BIA reversed the IJ’s decision, concluding that the IJ’s finding that Funez could not safely relocate within Honduras was clearly erroneous. The BIA also disagreed with the IJ’s determination that the Honduran government would acquiesce to Funez’s torture, suggesting that the man in a military police uniform who threatened Funez’s family was likely a gang member rather than a government official.The United States Court of Appeals for the Fourth Circuit reviewed the BIA’s decision. The court found that the BIA had ignored significant evidence regarding the gang’s continued threats and activities after 2018, which could impact Funez’s ability to relocate safely within Honduras. The court also determined that the BIA improperly reweighed evidence regarding whether the man in uniform was a government official. Consequently, the Fourth Circuit granted Funez’s petition for review, vacated the BIA’s decision, and remanded the case for further proceedings. View "Funez-Ortiz v. McHenry" on Justia Law
Turner v. U.S. Attorney General
Sheldon Turner, born in Jamaica to Jamaican parents Desmond and Roslyn Turner, entered the U.S. as a lawful permanent resident in 1990. His parents divorced in 1987, and his mother remarried twice, including a remarriage to Desmond in 1994. Roslyn naturalized as a U.S. citizen in 1999 while still married to Desmond. Turner was convicted of a felony in 2016, leading to removal proceedings initiated by the Department of Homeland Security.The Immigration Judge (IJ) denied Turner’s motion to terminate removal proceedings, finding that Turner did not derive U.S. citizenship from his mother’s naturalization because his parents were married at the time of her naturalization, thus not meeting the legal separation requirement under former 8 U.S.C. § 1432(a)(3). The IJ’s decision was based on the statute’s plain language and the rationale explained in Levy v. U.S. Attorney General. Turner’s appeal to the Board of Immigration Appeals (BIA) was dismissed, with the BIA agreeing that the statute requires a continuing legal separation at the time of naturalization.The United States Court of Appeals for the Eleventh Circuit reviewed the case and agreed with the BIA’s interpretation. The court held that former 8 U.S.C. § 1432(a)(3) imposes a continuing requirement of legal separation that must exist at the time all other conditions of derivative citizenship are satisfied. Since Turner’s mother was married to his father at the time of her naturalization, Turner did not derive automatic citizenship. The court denied Turner’s petition for review. View "Turner v. U.S. Attorney General" on Justia Law