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Bijan, a citizen of Iraq, entered the U.S. in 2004, ostensibly as the unmarried son of a lawful permanent resident. In 2006, Bijan traveled to Jordan, where the mother of his children, Shaoul, still lived. According to Bijan, the two were then married. Upon returning to the U.S. that same year, Bijan filed I‐130 petitions for his children. USCIS denied these applications because Bijan had made conflicting statements in communications with the agency and had not previously identified his children on his 2003 visa application. The children were born in 1997 and 1999. In 2009, Bijan applied to become a naturalized citizen. USCIS denied his application, concluding that Bijan actually had been married when he entered the country and had misrepresented his eligibility for lawful permanent residence and citizenship. The district court concluded that Bijan had misrepresented his marital status and lied under oath during a naturalization interview when he denied giving “false or misleading information” while applying for an immigration benefit. The Seventh Circuit affirmed on the alternate ground that Bijan previously had given the agency false information when he failed to disclose on his visa application that he had two children and later lied about that omission. View "Bijan v. United States Citizenship & Immigrations Services" on Justia Law

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The Ninth Circuit denied a petition for review insofar as it raised due process claims related to the district court's rejection of petitioner's United States citizenship claim. First determining that petitioner had standing to bring the due process and equal protection claims, the panel held that, because a legitimate governmental interest was rationally related to 8 U.S.C. 1433's requirement that citizen parents petition to naturalize their adopted, foreign-born children, section 1433 did not violate the Fifth Amendment's Equal Protection Clause. The panel also held that the district court did not err in ruling that the INS was not deliberately indifferent to whether petitioner's mother's application for his citizenship was processed; and, even if the INS did act with deliberate indifference, petitioner's due process claim failed because he could not demonstrate prejudice. The panel held that the district court correctly concluded that the INS was not deliberately indifferent to petitioner's adult application for citizenship and he could not establish prejudice. Finally, the panel held that the BIA erred in concluding that third-degree escape under Arizona Revised Statutes section 13-2502 was a crime of violence and thus an aggravated felony that would make petitioner removable. Accordingly, the panel denied in part, granted in part, and remanded in part the petition for review. View "Dent v. Sessions" on Justia Law

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Battery committed with the use of a deadly weapon under Nevada Revised Statute 200.481(2)(e)(1) is a crime of violence as defined in 18 U.S.C. 16(a). The Ninth Circuit affirmed defendant's conviction for illegal reentry into the United States. The panel held that defendant's prior battery conviction under Nevada law qualified as a crime of violence and thus his initial deportation was not unlawful. View "United States v. Guizar-Rodriguez" on Justia Law

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The Project and four individual herders challenged the agencies' 364-day certification period for H-2A visas, which allowed nonimmigrants to enter the country to perform certain agricultural work. The DC Circuit held that the Project's complaint adequately raised a challenge to the Department of Homeland Security's practice of automatically extending "temporary" H-2A petitions for multiple years; the Project adequately preserved its challenge to the Department of Labor's decision in the 2015 Rule to classify herding as "temporary" employment; the 2015 Rule's minimum wage rate for herders was not arbitrary, capricious, or unsupported by the record; and the Project lacked standing to challenge the wage rates set by the already-vacated 2011 Guidance Letter. Accordingly, the court reversed in part, affirmed in part, and remanded for further proceedings. View "Hispanic Affairs Project v. Acosta" on Justia Law

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The Supreme Court reversed the judgment of the court of appeal upholding the ruling of the superior court denying the requests of Bianka M., a minor, for an order placing her in her mother’s sole custody and for findings that would enable her to seek “special immigrant juvenile” (SIJ) status under federal immigration law, holding that the superior court erred in concluding that it could not issue either a custody order or findings relevant to SIJ status unless Bianka first established a basis for exercising personal jurisdiction over her father and joined him as a party to the action. Bianka entered the United States unaccompanied and without prior authorization. In a family court action, Bianka asked to be placed in the sole custody of her mother, who had left Honduras for the United States years before, and sought findings enabling her to seek special immigrant juvenile status, alleging that her father, who resided in Honduras, abandoned her. The superior court denied the requests. The Supreme Court reversed, holding (1) the superior court erred in requiring Bianka’s father to be joined as a party in her parentage action seeking SIJ findings because he received adequate notice and took no steps to participate; and (2) the action may proceed regardless of Bianka’s perceived immigration-related motivations for filing the action. View "Bianka M. v. Superior Court" on Justia Law

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The First Circuit granted Petitioner’s petition for judicial review of the decision of the Board of Immigration Appeals (BIA) denying Petitioner’s motion to reopen his removal proceedings, holding that the BIA overlooked a significant factor relevant to its analysis. During his removal hearing, Petitioner, an Indonesian national and an evangelical Christian, testified that he had experienced persecution in Indonesia on account of his faith. An immigration judge denied relief. Approximately ten years later, Petitioner moved to reopen his removal proceedings, arguing that conditions in Indonesia affecting Indonesian Christians had materially changed. The BIA denied relief. The First Circuit vacated the BIA’s order, holding that the BIA abused its discretion in neglecting to consider significant facts that may have had a bearing on the validity of Petitioner’s motion to reopen. The Court remanded so that the BIA may determine, after considering all the relevant evidence, whether Petitioner has made a prima facie showing of eligibility for the relief sought. View "Sihotang v. Sessions" on Justia Law

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The First Circuit (1) denied Petitioners’ petition for review as to their challenge to the determination of the Board of Immigration Appeals (BIA) that Petitioners' motion to reopen a removal order was untimely and number barred, and (2) dismissed the petition for lack of jurisdiction as to Petitioners’ challenge to the BIA’s decision not to exercise its authority to reopen sua sponte. Petitioners, natives of Guatemala, were ordered removed by an immigration judge in 2000. In 2001, the BIA denied their appeal. In 2017, Petitioners filed a motion to reopen or reconsider the removal order. The BIA denied the motion as untimely filed and numerically barred. The BIA also declined to reopen the removal proceedings sua sponte because it did not consider Petitioners’ situation “exceptional.” The First Circuit affirmed, holding (1) the BIA correctly held that Petitioners had failed to justify the delay in filing the motion to reopen and dismissing it as untimely; and (2) this Court lacked jurisdiction to review the BIA’s decision not to reopen sua sponte. View "Lemus v. Sessions" on Justia Law

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The Ninth Circuit reversed the district court's order declining to extend a Bivens v. Six Unknown Named Agents of Fed. Bureau of Narcotics, 403 U.S. 388 (1971), remedy to an immigrant pursuing lawful permanent resident status. In this case, an ICE Assistant Chief Counsel representing the government intentionally forged and submitted an ostensible government document in an immigration proceeding, which had the effect of barring plaintiff from obtaining lawful permanent resident status, a form of relief to which he was otherwise lawfully entitled. The panel held that a Bivens remedy was available on these narrow and egregious facts because none of the special factors outlined in Ziglar v. Abbasi, 137 S. Ct. 1843, 1857 (2017), and other Supreme Court precedent applied. The panel also held that the ICE Assistant Chief Counsel was not entitled to qualified immunity because qualified immunity could not shield an officer from suit when he intentionally submits a forged document in an immigration proceeding in clear violation of 8 U.S.C. 1357(b). View "Lanuza v. Love" on Justia Law

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The Eighth Circuit dismissed a petition for review challenging the denial of her application for asylum as untimely. The court held that it lacked jurisdiction to review the BIA's determination that petitioner did not establish an excuse for her late filing based on changed circumstances. In this case, the IJ was making a case-specific materiality determination, not announcing a per se rule. Neither the IJ nor the BIA engaged in an analysis of the statute or otherwise elaborated on the meaning of "changed circumstances," which foreclosed the possibility that this case presented a question of statutory interpretation for the court to review. View "Burka v. Sessions" on Justia Law

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The Eighth Circuit denied a petition for review of the BIA's denial of petitioner's request for asylum, withholding of removal, and application for relief under the Convention Against Torture (CAT) based on his claim that he faced danger in his home country of Ghana. The court held that it lacked jurisdiction to determine the timeliness of petitioner's asylum application; the evidence petitioner submitted to support his request to remand based on changed country conditions was immaterial and did not support a remand based on changed country conditions; and petitioner's claim of humanitarian asylum was foreclosed because he failed to raise this issue to the agency. The court also held that petitioner failed to demonstrate a likelihood of future persecution or torture. In this case, petitioner's evidence would not compel all reasonable factfinders to conclude that his life or freedom would be endangered by a return to Ghana. Therefore, the court denied his petition for review of the denial of withholding of removal. Likewise, petitioner's claim for relief under the CAT also failed. View "Degbe v. Sessions" on Justia Law