Justia Immigration Law Opinion Summaries

Thabet Mahdi Saleh, an Iraqi refugee, was granted asylum in the United States in 2010. However, after being convicted of crimes under Michigan law, the Department of Homeland Security initiated removal proceedings against him. Saleh sought asylum, withholding of removal, and protection under the Convention Against Torture (CAT), fearing torture if he returned to Iraq due to his work with the U.S. Army and his mixed marriage. The immigration judge denied all forms of relief and ordered Saleh's removal. Saleh did not appeal this decision.In 2018, Saleh moved to reopen his proceedings, seeking deferral of removal under the CAT. He alleged changed country conditions and an increased risk of torture due to his past experiences and criminal convictions in the U.S. The immigration judge granted the motion to reopen but later denied Saleh’s application for relief. Saleh appealed this decision to the Board of Immigration Appeals (BIA), which assumed Saleh’s credibility but found no error in the other decisions, thus denying Saleh’s petition.In the United States Court of Appeals for the Sixth Circuit, Saleh challenged the BIA's decision, arguing that the immigration judge erred by treating a key witness as a fact witness rather than an expert. However, the court found that Saleh's counsel had agreed to this treatment of the witness, and Saleh had not shown that the agency erred by treating the witness as a fact witness only. The court also found that the BIA had properly analyzed Saleh’s probability of torture in the aggregate, considering all the factors together. Therefore, the court denied Saleh's petition for review. View "Mahdi Saleh v. Garland" on Justia Law

A family from Guatemala sought asylum in the United States after receiving death threats from a local gang. The family, led by Ana Luisa Donis-Hernandez de Cabrera, had fled their home country after an extortion attempt by the Mara 18 gang. Cabrera had opened a second-hand clothing store, which she ran from her home. After receiving a death threat demanding payment, the family decided to leave Guatemala and seek asylum in the U.S.The Immigration Judge (IJ) denied their applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), finding them lacking in certain crucial respects. The Board of Immigration Appeals (BIA) affirmed this decision. Cabrera and her family then filed a petition for review with the United States Court of Appeals for the First Circuit.The Court of Appeals found no reversible error in the decisions of the lower courts. The court noted that to be granted asylum, the applicant must demonstrate that they were persecuted in the past or have a well-founded fear of future persecution in their home country on account of at least one of five statutorily protected characteristics. The court found that Cabrera's proposed particular social group (PSG) of "small business owners" did not meet the requirements for a legally cognizable PSG. The court also found that Cabrera's evidence was insufficient to establish her burden of proof for CAT protection. Therefore, the court denied the petition for review. View "Cabrera v. Garland" on Justia Law

Sonia Rangel and her two minor children, Luisa and Mary Loredo, citizens of Mexico who entered the United States illegally, sought asylum, withholding of removal, and relief under the Convention Against Torture (CAT). They claimed they should be protected from removal due to their belief that the Mexican Navy would persecute and torture them to dissuade Rangel from her campaign against the Mexican military for the disappearance of her son. The Immigration Judge (I.J.) denied their applications, finding they had not established past persecution or a well-founded fear of future persecution, and were not eligible for CAT relief due to failure to establish the requisite likelihood of future torture. The Board of Immigration Appeals (BIA) affirmed this decision.The United States Court of Appeals for the Fifth Circuit reviewed the BIA's factual findings under the substantial evidence standard and its legal conclusions de novo. The court found that the evidence did not compel a conclusion that the petitioners had suffered past persecution or had a well-founded fear of future persecution. The court also found that the petitioners had not met the higher bar of showing it was more likely than not they would be tortured upon return to Mexico, which is required for CAT relief. Therefore, the court denied the petition for review, upholding the BIA's decision to deny the applications for asylum, withholding of removal, and CAT relief. View "Loredo Rangel v. Garland" on Justia Law

The case involves a Venezuelan couple, Carlos Cuenca Figueredo and Yauri Rojas, who had a son, C.R. After their separation and divorce, they shared custody of C.R. in Venezuela. However, Rojas took C.R. to the United States without Figueredo's knowledge or permission. Twenty months after Rojas left Venezuela with C.R., Figueredo filed a petition in the Middle District of Florida seeking his son’s return under the Hague Convention on the Civil Aspects of International Child Abduction.The Middle District of Florida found that C.R. was settled in his new environment in the United States. The court considered factors such as C.R.'s stable residence, school attendance, community participation, and Rojas's employment and financial stability. The court also took into account C.R. and his mother's immigration status, noting that Rojas had been granted authorization to remain and work in the United States while her asylum application was pending. Consequently, the court denied Figueredo's petition for C.R.'s return.The United States Court of Appeals for the Eleventh Circuit affirmed the lower court's decision. The appellate court held that a child's immigration status is one relevant factor in determining whether a child is settled in a new environment. The court found that the district court did not err in finding that C.R. was settled in his new environment and did not abuse its discretion in refusing to order his return to Venezuela. View "Alberto Cuenca Figueredo v. Del Carmen Rojas" on Justia Law

The case involves Jose Yanel Sanchez-Perez, a native and citizen of El Salvador, who entered the United States in 1998. In 2009, Sanchez-Perez pleaded guilty to committing misdemeanor domestic assault under Tennessee law. The following day, the Department of Homeland Security initiated removal proceedings against him. In 2015, an immigration judge found Sanchez-Perez ineligible for cancellation of removal because he failed to establish that he had been continuously present in the United States for ten years prior to receiving the notice to appear. However, the judge also found that Sanchez-Perez was not statutorily barred from seeking cancellation of removal due to his 2009 domestic-violence conviction.The Board of Immigration Appeals (BIA) dismissed Sanchez-Perez’s appeal and agreed with the immigration judge’s findings that Sanchez-Perez lacked the requisite continuous physical presence and thus was not eligible for cancellation of removal. In 2018, the immigration judge found that Sanchez-Perez’s 2009 conviction is categorically a crime of violence, and thus Sanchez-Perez was statutorily barred from obtaining cancellation of removal. The BIA dismissed Sanchez-Perez’s appeal from this decision.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court found that the BIA erred in determining that Sanchez-Perez’s 2009 conviction was categorically a crime of violence, and thus Sanchez-Perez was statutorily barred from obtaining cancellation of removal. The court noted that the Tennessee statute at issue criminalizes conduct that does not require the use or threatened use of violent physical force. Therefore, the court granted Sanchez-Perez’s petition for review, vacated the BIA’s order, and remanded the case to the BIA for proceedings consistent with its opinion. View "Sanchez-Perez v. Garland" on Justia Law

The case involves Cristina Rangel-Fuentes, a Mexican citizen who entered the United States without inspection in 1995 or 1996 and has remained since. She was charged with inadmissibility in 2012 after being arrested for contempt of court. Rangel conceded her inadmissibility but applied for cancellation of her removal in 2014, arguing that her removal would result in exceptional and extremely unusual hardship to her youngest son, Fernando. In 2017, Rangel also filed an application for asylum, citing recent incidents of violence against her family members in Mexico.The immigration judge declared the record closed in September 2017, when Fernando was twenty years old and thus a “child” for the purposes of cancellation of removal. However, due to the yearly statutory cap on the number of cancellations of removal the Attorney General may grant, the immigration judge did not issue a written opinion until September 2019. By that time, Fernando was no longer a "child" under the statute. The immigration judge also denied Rangel’s asylum application, ruling that Rangel waited too long to apply for asylum upon learning of her cousin’s murder and that she could not show a well-founded fear of future persecution on account of her membership in a particular social group.Rangel appealed to the Board of Immigration Appeals (BIA), which rejected her argument that the immigration judge was required to fix Fernando’s age at the time of the evidentiary hearing. The BIA also determined that Rangel had waived her argument with respect to the immigration judge’s denial of her asylum application.The United States Court of Appeals for the Tenth Circuit held that the BIA’s interpretation of the statute regarding the age of a qualifying child for the purposes of cancellation of removal was reasonable and entitled to deference. However, the court agreed with Rangel’s separate argument that the BIA abused its discretion by treating her asylum appeal as waived. The court thus denied the petition for review as to cancellation of removal but granted the petition in part and remanded for the BIA to address the merits of Rangel’s asylum appeal. View "Rangel-Fuentes v. Garland" on Justia Law

Sandra Beatriz Bustamante-Leiva and her three children, natives and citizens of Honduras, entered the United States illegally near Hildalgo, Texas. They were charged with removability under 8 U.S.C. § 1182(a)(6)(A)(i) for not possessing valid documentation at the time of entry. Bustamante-Leiva applied for asylum, withholding of removal, protection under the Convention Against Torture, and humanitarian asylum, with her children as riders to her application. The claims were based on alleged persecution due to religion, political opinion, and membership in a particular social group. Bustamante-Leiva and her children had fled Honduras due to threats from gang members, who had used an empty lot adjacent to their home for violent activities.The immigration judge denied all requested relief and ordered that the petitioners be removed to Honduras. On appeal, the Board of Immigration Appeals (BIA) upheld the immigration judge’s findings that the petitioners did not show harm rising to the level of persecution, did not show a nexus between the harm and a protected ground, and did not establish a cognizable particular social group. The BIA also rejected due process arguments made by the petitioners and denied their request for a three-member panel as moot.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court held that the BIA did not err in its determinations. The court found that the petitioners failed to show membership in a cognizable particular social group and failed to establish past persecution or a well-founded fear of persecution based on religion. The court also rejected the petitioners' claims that the BIA violated their due process rights by allowing a single BIA member to render its decision, and that the BIA violated its regulatory obligation to be impartial. The court denied the petition for review. View "Bustamante-Leiva v. Garland" on Justia Law

The case involves Francisco Carrillo, a lawful permanent resident of the United States, who was convicted of assault with a firearm in 2002 and sentenced to 301 days in jail. In 2007, Carrillo admitted to a probation violation and was sentenced to an additional 90 days in jail. The combined jail time exceeded one year, making his conviction an aggravated felony under immigration law and subjecting him to mandatory deportation.In 2022, Carrillo filed a motion to vacate his conviction under Penal Code section 1473.7, arguing that he did not meaningfully understand the potential immigration consequences of his conviction and sentence. The trial court denied the motion, finding that Carrillo had not demonstrated that his lack of understanding prejudiced his decision to go to trial or his defense strategy.On appeal, the Court of Appeal of the State of California, Fifth Appellate District, affirmed the trial court's decision. The appellate court found that Carrillo had not shown a reasonable probability that he would have done something differently, such as pursuing an immigration-safe plea or presenting different arguments at sentencing, had he understood the immigration consequences. However, the court modified the trial court's order to allow Carrillo to file a new motion addressing grounds not raised in his original motion. View "People v. Carrillo" on Justia Law

Cirilo Olmedo-Martinez, an alien, was charged with removability by the Department of Homeland Security. He applied for cancellation of removal, arguing that his removal would result in exceptional and extremely unusual hardship to his family members. The Immigration Judge (IJ) denied his application, finding that he failed to demonstrate such hardship. Olmedo-Martinez appealed to the Board of Immigration Appeals (BIA) and moved to remand the proceedings, presenting new evidence including his brother's successful withholding of removal due to ongoing familial violence in Mexico and the birth of his daughter. The BIA dismissed the appeal and declined to remand the case, concluding that Olmedo-Martinez failed to show how the new evidence would change the outcome of the IJ's decision.Olmedo-Martinez then filed a motion to reopen and remand the case based on additional new evidence: his son’s diagnosis with a complex medical condition and an educational impairment. The BIA denied the motion, holding that Olmedo-Martinez could not demonstrate that the condition was particularly serious or that his child could not continue treatment in his absence, and he failed to sufficiently address how his removal would affect his child’s educational hardship.The United States Court of Appeals for the Tenth Circuit reviewed the BIA's denial of Olmedo-Martinez's motion to reopen. The court found that the BIA did not err in denying the motion to reopen, as Olmedo-Martinez failed to establish a reasonable likelihood that the statutory requirement of exceptional and extremely unusual hardship would be met in reopened proceedings. The court also found that the BIA properly applied the legal standard in its decision. Therefore, the court denied the petition for review. View "Olmedo-Martinez v. Garland" on Justia Law

Genaro Medina-Luna, a Mexican national, was charged with attempted reentry by a removed noncitizen, a violation of 8 U.S.C. § 1326, after he was found concealed in the trunk of a car at the Otay Mesa, California Port of Entry. Medina-Luna had been previously removed from the United States five times between 2006 and 2022. He waived his right to a grand jury indictment and pleaded guilty unconditionally. The district court sentenced him to 41 months of imprisonment, a downward variance from the Guideline range of 63–78 months, considering his sincere family reasons for reentry and overcoming methamphetamine addiction.Medina-Luna appealed his sentence, raising two issues: the validity of his waiver of the right to a grand jury indictment and the substantive reasonableness of his sentence. The United States Court of Appeals for the Ninth Circuit held that Medina-Luna waived his right to appeal the validity of his waiver of indictment by entering an unconditional guilty plea. The court overruled a previous decision, United States v. Travis, which characterized any defect in the waiver of indictment as jurisdictional, citing the Supreme Court’s decision in United States v. Cotton, which held that defects in an indictment do not deprive a court of jurisdiction.Regarding the substantive reasonableness of the sentence, the court found no abuse of discretion. The district court had considered the statutory factors under 18 U.S.C. § 3553(a), acknowledged Medina-Luna's sincere family reasons for reentry, and his overcoming of methamphetamine addiction. The court affirmed the 41-month sentence, which was the sentence Medina-Luna himself had requested. The appeal was dismissed in part and affirmed in part. View "United States v. Medina-Luna" on Justia Law