Justia Immigration Law Opinion Summaries

A grand jury indicted Defendant for conspiring to distribute methamphetamine and for an immigration violation. Defendant conditionally pled guilty to conspiracy to distribute 500 grams or more of a mixture containing methamphetamine. The district court sentenced him to 108 months imprisonment. Defendant appealed the district court's denial of his motion to suppress evidence obtained as a result of a warrantless traffic stop, arguing that deputies lacked reasonable suspicion for the traffic stop. The Eighth Circuit Court of Appeals affirmed, holding that Defendant's Fourth Amendment rights were not violated, and the district court's admission of the evidence resulting from the traffic stop was proper. View "United States v. Zamora-Lopez" on Justia Law

Defendant Agapito Franco-Lopez appealed his conviction on one count of transporting an illegal alien. Defendant argued that the district court erred in denying his motion for acquittal because the government did not present evidence that the transported alien illegally "entered" the United States. In support, Defendant relied on the definition of "entry" used in the context of civil immigration law or in illegal reentry cases charged under 8 U.S.C. 1325 and 1326. As to this element of 8 U.S.C. 1324(a)(1)(A)(ii), the Tenth Circuit concluded the government needed only prove that the transported alien was present in the United States in violation of the law. Accordingly, the Court affirmed the district court. View "United States v. Franco-Lopez" on Justia Law

Borrome, a citizen of the Dominican Republic, and, since 1996 a lawful permanent resident of the U.S. pled guilty in 2002 to violations of the Federal Food, Drug, and Cosmetic Act, 21 U.S.C. 301-399d, prohibitions on unlicensed wholesale distribution of prescription “drugs” in interstate commerce. He was sentenced him to four months’ imprisonment followed by four months’ home confinement. In 2010 he was served with a notice of removal and the IJ reasoned that because Borrome’s offense involved unauthorized distribution of a Schedule II controlled substance (Oxycontin ), it is an aggravated felony under 8 U.S.C. 1101(a)(43)(B) pursuant to the “hypothetical federal felony test,” so that Borrome was removable under 8 U.S.C. 1227(a)(2)(B)(i) as an alien convicted of violating any law “relating to a controlled substance.” The Board of Immigration Appeals affirmed. Borrome has been removed from the United States. The Seventh Circuit reversed, concluding that violation of the FDCA wholesale distribution provisions does not constitute an aggravated felony and that those laws are not laws relating to a controlled substance. View "Borrome v. Att'y Gen. of the U.S." on Justia Law

After pleading guilty to illegal reentry, Defendant Francisco Bonilla received an enhanced sentence based on a prior Texas conviction for burglary of a habitation. On appeal, Defendant argued that the district court erred in applying the enhancement because his state conviction under Texas Penal Code section 30.02(a)(3) did not satisfy the definition of generic burglary under "Taylor v. United States," (495 U.S. 575 (1990)). Upon review, the Fourth Circuit disagreed and affirmed the district court's judgment. View "United States v. Bonilla" on Justia Law

Petitioner was born was born in El Salvador and was admitted to the United States as legal permanent resident in 1992. In 2006, Petitioner pled guilty to resisting an executive officer in violation of Cal. Penal Code 69. In 2007, the Immigration and Naturalization Service initiated removal proceedings against Petitioner. An immigration judge ultimately found that Petitioner's conviction was a categorical crime of violence, rendering Petitioner removable under the Immigration and Nationality Act. The Board of Immigration Appeals (BIA) dismissed Petitioner's appeal. The Ninth Circuit Court of Appeals granted Petitioner's petition for review, holding that because the record of Defendant's conviction may be incomplete, the case was remanded to the BIA to apply the modified categorical approach to the question of whether Defendant committed a crime of violence and whether he was removable. View "Flores-Lopez v. Holder" on Justia Law

Petitioner pled guilty to the charge of conspiring to possess cocaine with intent to distribute. He was not informed that his conviction made him eligible for deportation. Later, an immigration judge conducted a hearing and ordered Petitioner's removal. On appeal to the Board of Immigration Appeals (BIA), Petitioner claimed derivative citizenship under 321 of the former Immigration and Nationality Act (INA). The BIA denied Petitioner's appeal. The Fifth Circuit Court of Appeals affirmed, holding (1) because Petitioner's parents never legally separated, and because Petitioner failed to carry his burden of proving that his mother was deceased, Petitioner failed to satisfy INA 321; and (2) INA 321 did not violate Petitioner's equal protection rights. View "Ayton v. Holder" on Justia Law

This appeal arose out of Defendant's attempt to illegally reenter the United States at the United States-Mexico border. A jury convicted Defendant of attempted illegal reentry and for making a false statement to Customs and Border Patrol (CBP) agents. The Fifth Circuit Court of Appeals affirmed, holding (1) the district court did not unconstitutionally direct a verdict by commenting on the evidence while delivering the jury instructions and by its response to the jury's note; (2) the district court did not constructively amend the indictment by commenting on the evidence while delivering the jury instructions and responding to the jury's note; and (3) the evidence presented at trial was sufficient to support Defendant's convictions. View "United States v. Jara-Favela" on Justia Law

Petitioner petitioned for review from the Board of Immigration Appeals' (BIA) denial of cancellation of removal under 8 U.S.C. 1229b(a). The BIA held that Petitioner did not demonstrate that he met the seven-year continuous residence requirement. The Ninth Circuit Court of Appeals granted the petition, holding that the years of residence of Petitioner's mother were imputed to him based on Cuevas-Gaspar v. Gonzales and Mercado-Zazueta v. Holder. The Supreme Court granted certiorari and reversed. On remand, the Ninth Circuit reversed, holding (1) because Cuevas-Gaspar and Mercado-Zuzueta were no longer valid precedent, Petitioner's imputation argument concerning his mother's residence was without merit; and (2) the BIA correctly determined that Petitioner's 2002 conviction terminated his continuous residence. View "Sawyers v. Holder" on Justia Law

Petitioner, a native and citizen of Mexico, was convicted of armed robbery with a firearm in California in 1981. After serving most of his sentence, Rivera was deported in 1984. Since then, Petitioner twice reentered the country without inspection. The government began a removal proceeding against Rivera in 2004. Rivera admitted removability and sought adjustment of status to lawful permanent resident, Because his 1981 conviction rendered him inadmissible under 8 U.S.C. 1182(a)(2)(A)(i)(I), Rivera applied for a waiver of inadmissibility under section 1182(h)(1)(A) and (B). The immigration judge denied Rivera's application for wavier of inadmissibility. The Board of Immigration Appeals (BIA) affirmed, concluding that Rivera failed to satisfy the hardship standard of 8 C.F.R. 1212.7(d). The Ninth Circuit Court of Appeals affirmed and denied the application, holding that the BIA properly applied section 1212.7(d) to Rivera. View "Rivera-Peraza v. Holder" on Justia Law

Rene Lopez-Rodriguez, a Mexican citizen, was paroled into the United States to face immigration and criminal charges following his initial detention at a port of entry when marijuana was discovered in a truck he was driving. No criminal charges were filed against Lopez-Rodriguez, but he was later charged with being ineligible for admission because there was "reason to believe" he was or had been an illicit trafficker of a controlled substance. After a hearing before an immigration judge (IJ), the IJ found (1) there was "no reason to believe" that Lopez-Rodriguez was an elicit trafficker in a controlled substance, and (2) Lopez-Rodriguez was admissible. The Board of Immigration Appeals reversed, concluding that the IJ's decision to admit Lopez-Rodriguez was clearly erroneous. Lopez-Rodriguez petitioned for review. The Ninth Circuit Court of Appeals granted the petition, holding that the Board committed legal error by making its own factual determination and engaging in de novo review of the IJ's factual findings. Remanded for further proceedings. View "Rodriguez v. Holder" on Justia Law