Justia Immigration Law Opinion Summaries

The First Circuit denied a petition for review sought by Petitioners, four individuals who left El Salvador for fear of harm at the hands of a gang, holding that the decision of the Board of Immigration Appeals (BIA) was supported by substantial evidence in the record.After Petitioners were charged as removable they conceded removability but cross-applied for asylum, withholding of removal, and relief under the United Nations Convention Against Torture. An immigration judge (IJ) rejected Petitioners' claims for relief, concluding that Petitioners failed to show that their claimed persecution bore a nexus to a protected ground. The BIA affirmed. The First Circuit denied Petitioners' petition for review, holding that the agency's determination that family membership was not a central reason for Petitioners' persecution was supported by substantial evidence in the record. View "Jimenez-Portillo v. Garland" on Justia Law

Petitioner is a native and citizen of Jamaica who was admitted to the United States in 2002 and who became a lawful permanent resident in 2003. In February 2012, he pleaded guilty to and was convicted of the Georgia crime of family violence battery, for which he was sentenced to 12 months confinement that he was permitted to serve on probation.In March 2015, the Department of Homeland Security initiated removal proceedings against Petitioner on the theory that his Georgia family violence battery conviction was an “aggravated felony” under the INA, making him removable. Petitioner challenged this classification and claimed he was entitled to relief under the Convention Against Torture (CAT).First, the 11th Circuit held that Petitioner's conviction in Georgia was an "aggravated felony," finding that his probationary sentence still qualified as "incarceration." Second, pertaining to his request for CAT relief, the court held Petitioner failed to show the likelihood of government involvement or acquiescence in any torture by the Jamaican government. View "Karastan L. Edwards v. U.S. Attorney General" on Justia Law

U.S. Immigration and Customs Enforcement contracts with CoreCivic to incarcerate detained immigrants in 24 facilities across 11 states. Plaintiffs, detained solely due to their immigration status and neither charged with, nor convicted of, any crime, alleged that the overseers of their private detention facilities forced them to perform labor against their will and without adequate compensation in violation of the Victims of Trafficking and Violence Protection Act of 2000, the California Trafficking Victims Protection Act (“California TVPA”), various provisions of the California Labor Code, and other state laws.   The Ninth Circuit filed (1) an order denying a petition for panel rehearing and, on behalf of the court, a petition for rehearing en banc; and (2) an opinion (a) amending and superceding the panel’s original opinion and (b) affirming the district court’s order certifying three classes. The panel held that the district court properly exercised its discretion in certifying a California Labor Law Class, a California Forced Labor Class, and a National Forced Labor Class. The panel held that, as to the California Forced Labor Class, Plaintiffs submitted sufficient proof of a classwide policy of forced labor to establish commonality. The panel agreed with the district court that narrowing the California Forced Labor Class based on the California TVPA’s statute of limitations was not required at the class certification stage. Further, the panel held that, as to the National Forced Labor Class, the district court did not abuse its discretion in concluding that Plaintiffs presented significant proof of a classwide policy of forced labor and that common questions predominated over individual ones. View "SYLVESTER OWINO, ET AL V. CORECIVIC, INC." on Justia Law

Petitioner, an Eritrean citizen, was forcibly conscripted into the Eritrean National Service, an open-ended requirement of compulsory service, and made to work as an armed guard at a highway checkpoint through which Eritrean security forces brought detainees. Several years later, Petitioner escaped and made his way to America, where he applied for asylum and withholding of removal. The Board of Immigration Appeals (BIA) concluded that Petitioner was ineligible because he assisted in the persecution of captives by impeding their escape at the checkpoint.   The Fifth Circuit denied Petitioner’s petition, finding that BIA’s determination is supported by substantial evidence and the record does not compel a contrary result. The court explained that to succeed, Petitioner must show that “the record evidence compels a conclusion contrary to the agency’s determination.” The court held that none of the evidence Petitioner presented compelled the court to conclude that no reasonable factfinder could agree with the BIA that Petitioner failed to meet his burden of rebutting the application of the persecutor bar. The court explained that its decision does not affect the IJ’s unchallenged grant of CAT relief. View "Gebrgzabher v. Garland" on Justia Law

Petitioner a citizen of Guatemala who suffers from dwarfism and who advocated in Guatemala for increased legal protections for dwarfs, petitions our court to review the Board of Immigration Appeals’ (BIA) decision denying him asylum, withholding of removal, and Convention Against Torture (CAT) relief.   The Ninth Circuit granted in part and denied in part Petitioner’s petition for review of the BIA’s decision upholding an immigration judge’s denial of asylum, withholding of removal, and protection under the CAT and remanded. The panel concluded that it is evident from the record that the BIA failed to conduct a cumulative-effect review. The panel explained that the IJ analyzed each category of past harm in isolation and found that none individually rose to the level of persecution. In addition, the BIA failed to acknowledge Petitioner’s request for cumulative-effect review, and the BIA’s analysis did not demonstrate that it took a cumulative look at the various instances of harm Petitioner asserted. Instead, the BIA followed in the IJ’s footsteps, ticking off each of Petitioner’s categories of harm on an individual basis and finding that each amounted only to discrimination. The panel remanded for the agency to apply the correct legal framework to Petitioner’s asylum claim.   The panel held that the BIA also erred by applying asylum’s heightened “at least one central reason” nexus requirement to Petitioner’s withholding of removal claim, rather than the correct “a reason” standard. Finally, the panel concluded that substantial evidence supported the BIA’s conclusion that the Guatemalan government would not acquiesce in any torture Petitioner might suffer View "NERY SALGUERO SOSA V. MERRICK GARLAND" on Justia Law

Petitioner is an illegal alien who was ordered removed in absentia. A decade and a half later, she moved to reopen her immigration proceedings on the ground that she never received notice of the time or location of her hearing. The immigration judge denied her motion. The Board of Immigration Appeals affirmed. The Petitioner complained that the United States informed her of her duty to provide address information where her notice to appear could be sent, but only in English, not Spanish.   The Fifth Circuit affirmed holding that the record indicates that she was warned in Spanish as well as English of the consequences of her failure to appear. And in any event, there is no legal authority to support her assertion that the United States is required to provide notice in any language other than English. View "Platero-Rosales v. Garland" on Justia Law

Petitioner, a 31-year-old man, alleged to be a native and citizen of Honduras present in the United States without being lawfully admitted. Petitioner petitioned for review of an order of the Board of Immigration Appeals (BIA) upholding the decision of an immigration judge (IJ) that found Petitioner removable and denied his application for deferral of removal under the Convention Against Torture (CAT).   The Eighth Circuit affirmed. The court explained that it is well established that “traditional rules of evidence do not apply in immigration proceedings, except to the extent that due process is implicated. To satisfy due process in a removal proceeding, “evidence must be probative and its admission must be fundamentally fair.” Here, the evidence submitted by DHS meets this standard. While some of the evidence includes undeniable inconsistencies, it is all probative of Petitioner’s alienage. And there is no indication that its admission was fundamentally unfair. View "Eduardo Escobar v. Merrick B. Garland" on Justia Law

Plaintiff, a native of El Salvador, was detained by immigration authorities. An immigration judge (IJ) denied bond, and an IJ later denied him relief under the Convention Against Torture and ordered his removal. The Board of Immigration Appeals dismissed his appeal, and this court denied his petition for review. In April 2021, Plaintiff moved the BIA to reopen, and the BIA denied a stay of removal. In May 2021, Plaintiff filed a habeas petition with the district court, which denied his motion to enjoin his removal until his motion to reopen and habeas petition were decided. On June 14, 2021, the district court denied Plaintiff subsequently-filed motion for a TRO, and the government voluntarily agreed to stay removal up to and including August 13, 2021.   The Ninth Circuit filed: 1) an order amending the opinion filed August 13, 2021; and 2) an amended opinion affirming the district court’s denial of Plaintiff’s request for a temporary restraining order (TRO) to prevent the government from removing him. The panel concluded that the district court correctly determined that jurisdiction was barred by 8 U.S.C. Section 1252(g), which provides that “no court shall have jurisdiction to hear any cause or claim by or on behalf of any alien arising from the decision or action by the Attorney General to commence proceedings, adjudicate cases, or execute removal orders against any alien.” The panel rejected Plaintiff’s claim that the Constitution’s Suspension Clause preserves judicial review here. View "WILLIAN RAUDA V. DAVID JENNINGS, ET AL" on Justia Law

Petitioner was convicted under section 273a(a) of the California Penal Code for willfully permitting a child under his care or custody to be “placed in a situation where his or her person or health is endangered” “under circumstances or conditions likely to produce great bodily harm or death.” The IJ and BIA concluded that this conviction rendered Petitioner removable.   The Ninth Circuit denied Petitioner’s petition for review. Looking at the federal generic crimes encompassed by the phrase “child abuse, child neglect, or child abandonment,” a plurality of the en banc court concluded that the normal tools of statutory construction do not lead to an unambiguous interpretation. The dictionaries also did not limit the definition of “child neglect” to conduct committed by a parent or legal guardian. The plurality further explained that the surrounding provisions of the Immigration and Nationality Act (INA), and definitions in other federal statutes, are likewise inconclusive. Thus, the plurality concluded that the phrase is ambiguous, agreeing with this court’s sister circuits that have considered the issue. Finally, the en banc court concluded that section 273a(a), is a categorical match to Section 1227(a)(2)(E)(i).   The en banc court thus agreed with the BIA’s reasoning and conclusion that all violations of section 273a(a) are encompassed by the BIA’s definition of a crime of “child abuse, child neglect, or child abandonment” in Section 1227(a)(2)(E)(i). View "RAFAEL DIAZ-RODRIGUEZ V. MERRICK GARLAND" on Justia Law

Petitioner a native and citizen of Bangladesh, seeks a review of the Board of Immigration Appeals’ (“BIA”) final order affirming the immigration judge’s denial of his application for asylum, withholding of removal, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment (“CAT”). In the removal proceedings, the immigration judge made an adverse credibility determination against Petitioner based on (1) inconsistencies and omissions between his hearing testimony and the documentary evidence in the record and (2) his demeanor at the hearing. The BIA affirmed the immigration judge’s adverse credibility determination, finding that it was not clearly erroneous and adopting much of the immigration judge’s reasoning.   On appeal, Petitioner argued that the BIA’s affirmance of the adverse credibility determination was an error. He contends that the findings in support of that determination are not supported by substantial evidence in the record and that the immigration judge failed to cite examples in her analysis of his demeanor.   The Eleventh Circuit denied the petition for review, concluding that substantial evidence supports the adverse credibility determination against Petitioner. The court reasoned that the immigration judge and the BIA offered “specific, cogent reasons,” supported by substantial evidence in the record, for determining that Petitioner’s testimony was not credible, and this record does not compel the court to reverse that adverse credibility determination. View "Mehedi Hasan-Nayem v. U.S. Attorney General" on Justia Law