Justia Immigration Law Opinion Summaries

A Haitian national, Jonalson Dor, was admitted to the United States as a lawful permanent resident in 2007. In August 2018, he pled guilty in Massachusetts state court to possession of marijuana with intent to distribute under Massachusetts law. At that time, both state and federal law included "hemp" in the definition of "marijuana." In December 2018, Congress amended the federal Controlled Substances Act (CSA) to exclude "hemp" from its definition of "marijuana." The Department of Homeland Security initiated removal proceedings against Dor in 2019, originally based on earlier marijuana convictions. Those convictions were later vacated, and in 2023, DHS amended its charges, basing Dor’s removability on his 2018 conviction.An Immigration Judge in Boston denied Dor’s motion to terminate the proceedings, holding that the relevant version of the CSA was the one in effect at the time of the criminal conviction, not at the time of removal. The judge found Dor removable under the INA’s controlled substance provision. Dor appealed to the Board of Immigration Appeals (BIA), which affirmed the IJ’s decision on March 18, 2025, agreeing that the time of conviction was the controlling point for determining if a state conviction matches the federal controlled substance definition.Reviewing the case de novo, the United States Court of Appeals for the First Circuit considered whether the definition of a “controlled substance” under the INA should reference the CSA as it existed at the time of conviction or at the time of removal proceedings. The court joined other circuits in holding that the relevant CSA definition is the one in effect at the time of conviction. Because Dor’s 2018 conviction categorically matched the federal definition then in force, the court denied his petition for review and upheld the removal order. View "Dor v. Bondi" on Justia Law

A Salvadoran woman and her two daughters entered the United States unlawfully after the woman, who owned a beauty salon in El Salvador, was allegedly threatened by men she believed to be gang members. She claimed that after paying them “rent” for two years, she stopped making payments and was threatened with violence. Fearing for her safety and that of her daughters, she sought asylum, withholding of removal, and protection under the Convention Against Torture (CAT) in the United States, arguing she would be targeted in El Salvador as a Salvadoran woman and as a business owner.An immigration judge denied her applications, finding her not credible and concluding she had not established membership in a legally cognizable particular social group (PSG), nor shown that she could not reasonably relocate within El Salvador to avoid harm. The immigration judge also determined she failed to meet the standards for withholding of removal and CAT protection. The Board of Immigration Appeals affirmed, agreeing that her proposed PSGs—“Salvadoran women,” “single Salvadoran women who are working professionals,” and “salon owners in El Salvador”—were not cognizable and that she could reasonably relocate. The Board also upheld the denial of her CAT claim, finding no particularized threat or evidence of government acquiescence.The United States Court of Appeals for the Sixth Circuit reviewed the case and denied the petition for review. The court held that none of the proposed PSGs were sufficiently particular or socially distinct to qualify under the relevant statutes and precedent. The court further concluded that substantial evidence supported the Board’s finding that the petitioner could reasonably relocate within El Salvador and that she had not demonstrated a likelihood of torture with government acquiescence necessary for CAT relief. View "Cristales-de Linares v. Bondi" on Justia Law

A native and citizen of Punjab, India, who practices the Sikh faith and is a member of the Shiromani Akali Dal (Mann) political party, sought asylum, withholding of removal, and protection under the Convention Against Torture after entering the United States. He claimed to have suffered harm from rival political groups, specifically citing three incidents: a verbal threat to leave the Mann party, two brief physical assaults requiring minor medical treatment, and one night of detention by local police after the second assault. After the first assault, he relocated to live with his in-laws about 35 to 40 kilometers away, where he had no further problems for six months.An Immigration Judge found the petitioner credible but concluded that the incidents did not amount to past persecution and determined he could reasonably relocate within India to avoid future harm. The Immigration Judge denied all forms of relief and ordered removal. The Board of Immigration Appeals (BIA) affirmed, agreeing that the cumulative harm did not rise to the level of persecution and that the petitioner could avoid future persecution by relocating internally, given his prior successful relocation and evidence that low-level Mann party members faced no legal obstacles to relocation. The BIA also denied protection under the Convention Against Torture, finding the petitioner failed to meaningfully challenge the Immigration Judge’s conclusions.The United States Court of Appeals for the Ninth Circuit reviewed the BIA’s decision for substantial evidence. The court held that the alleged harms, viewed individually or cumulatively, did not compel a finding of past persecution and that substantial evidence supported the BIA’s determination that the petitioner could reasonably avoid future persecution by relocating within India. The court denied the petition for review. View "SINGH V. BONDI" on Justia Law

A Colombian man and his family fled to the United States after a violent criminal gang, the Gulf Clan, repeatedly threatened their lives to coerce his support. The threats began after he opened a bakery and escalated to in-person confrontations. Upon receiving an armed threat at his business, he reported the incidents to local police, who responded by stationing a guard at his bakery and blocking threatening phone lines. While in-person threats ceased, the family continued to receive telephonic threats from different numbers. Fearing for their safety, they left Colombia and entered the United States, where they sought asylum, withholding of removal, and protection under the Convention Against Torture.An Immigration Judge found that while the man’s testimony was credible, he failed to establish that the Colombian government was unwilling or unable to protect him from the private gang’s threats. The judge determined that the police had taken meaningful action, including posting a guard and blocking calls, and that the government was both willing and able to provide protection. As a result, the requests for asylum and withholding of removal were denied. The Board of Immigration Appeals affirmed the denial, agreeing with the Immigration Judge’s assessment that the Colombian authorities had demonstrated willingness and ability to protect the family.The United States Court of Appeals for the First Circuit reviewed the case, applying the substantial evidence standard to the agency’s factual findings. The court held that the record supported the agency’s conclusion that the Colombian government was able to protect the family, even if it could not provide absolute security. The court denied the petition for review, finding no error in the agency’s determination or its procedural handling of the case. View "Restrepo Castano v. Bondi" on Justia Law

Ahmadou entered the United States from Niger in 2016 under an F1 student visa. In 2021, he visited a Texas gun range, rented and fired guns, and completed a waiver form that did not list his visa status as a prohibited category for firearm possession under federal law. Investigators connected Ahmadou to an Islamic extremist involved in a 2020 attack, and a search of Ahmadou’s devices revealed extensive ISIS propaganda. Undercover agents were present during his visits, but did not instruct the gun range staff to act differently. Ahmadou was later arrested and admitted his gun range visits were in preparation for potential jihad overseas.In the United States District Court for the Southern District of Texas, Ahmadou moved to dismiss his indictment, arguing he was entitled to the defense of entrapment by estoppel based on alleged misrepresentation by the gun range’s waiver form. The district judge denied his motion, excluded evidence of the defense, and refused his proposed jury instruction. After trial, a jury found Ahmadou guilty on all counts. At sentencing, the court denied a reduction for acceptance of responsibility and declined to apply the terrorism enhancement, but imposed an above-guidelines sentence, citing Ahmadou’s conduct and associations.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court’s decisions. It held that entrapment by estoppel did not apply because the gun range’s waiver form was not an affirmative misrepresentation, and the firearms dealer was not a federal official or agent for purposes of the defense. The Fifth Circuit also found that denial of the acceptance-of-responsibility reduction was not clearly erroneous, and the above-guidelines sentence was both procedurally and substantively reasonable, as it was based on permissible considerations under 18 U.S.C. § 3553(a). View "USA v. Ahmadou" on Justia Law

A Guatemalan national sought protection in the United States under the Convention Against Torture (CAT), claiming a high risk of torture if returned to Guatemala. He had been a member of the MS-13 gang from a young age, receiving a distinctive tattoo. After deciding to leave the gang in his twenties, he was subjected to violent retribution, including beatings and shootings, and ultimately had a “greenlight” placed on him—signaling to gang members that they could harm or kill him. His attempts to distance himself from the gang led to further attacks, including by a police officer with alleged gang connections, after the petitioner became romantically involved with the officer’s partner. Fearing for his life, he fled Guatemala, encountered threats in Mexico, and eventually entered the United States. During removal proceedings, the U.S. government presented evidence of an outstanding Guatemalan arrest warrant against him.The Immigration Judge (IJ) conducted hearings, finding the petitioner and his witnesses credible but not persuasive due to inconsistencies and perceived speculation. The IJ determined there was insufficient evidence that MS-13 or others would target him upon return, or that the Guatemalan government would acquiesce to such harm. The IJ also noted harsh prison conditions and the likelihood of incarceration due to the warrant, but found these conditions resulted from neglect or lack of resources, not intentional government action or acquiescence. The Board of Immigration Appeals (BIA) affirmed the IJ’s denial of CAT protection, focusing on the absence of state action or intent to torture.The United States Court of Appeals for the Second Circuit reviewed both the IJ’s and BIA’s decisions. It held that the agency failed to properly consider whether the Guatemalan government would acquiesce to torture by private parties, such as gang members, in prison. The court granted the petition for review, vacated the agency’s decision, and remanded for further proceedings to address the proper legal standard regarding governmental acquiescence to likely torture in prison. View "B.G.S. v. Bondi" on Justia Law

A Guatemalan national, who entered the United States without inspection in 1994 and lived in Michigan, was detained in 2019 following a DUI conviction and placed into removal proceedings. He sought cancellation of removal under the Immigration and Nationality Act, citing his youngest daughter, a U.S. citizen, as his qualifying child. At the time of his removal hearing before the immigration judge (IJ) in April 2020, his daughter was seventeen years old.The IJ granted his application for cancellation of removal, finding him credible and of good moral character, and determining that his daughter would suffer exceptional and extremely unusual hardship if he were removed. The Department of Homeland Security appealed to the Board of Immigration Appeals (BIA), but did not challenge whether his daughter qualified as a "child"—their appeal focused on whether the hardship standard was met. The BIA did not address the merits of the IJ’s findings. Instead, in February 2025, the BIA vacated the IJ’s decision and ordered removal, reasoning that the daughter was over twenty-one when the BIA ruled and therefore no longer a qualifying child under the statute.On review, the United States Court of Appeals for the Sixth Circuit considered when a noncitizen’s child’s age should be assessed for cancellation of removal eligibility under 8 U.S.C. § 1229b(b)(1)(D). The court held that the relevant time to determine whether the individual has a qualifying child is when the IJ issues its decision, not when the BIA acts on appeal. Accordingly, the Sixth Circuit granted the petition for review and reversed the BIA’s decision, reinstating the IJ’s grant of cancellation of removal. View "Filadelfo Perez-Perez v. Bondi" on Justia Law

A Jamaican citizen, admitted to the United States as a lawful permanent resident, was convicted under 18 U.S.C. § 115(a)(1) for influencing a federal official by threat and sentenced to 41 months in prison. Following this conviction, the government initiated removal proceedings, alleging that the conviction qualified as an aggravated felony under immigration law, making him both removable and ineligible for cancellation of removal. The individual contested these assertions, claiming his conviction did not constitute an aggravated felony.An immigration judge determined that the conviction was indeed for an aggravated felony, thus rendering the individual removable and ineligible for cancellation of removal. The Board of Immigration Appeals (BIA) affirmed this decision, applying the categorical approach without distinguishing which statutory alternative formed the basis for the conviction. The petitioner then sought review in the United States Court of Appeals for the Fifth Circuit.The United States Court of Appeals for the Fifth Circuit reviewed whether the petitioner’s conviction under 18 U.S.C. § 115(a)(1) constituted an aggravated felony, specifically a crime of violence under 18 U.S.C. § 16(a). The court found the statute divisible and determined from the record that the conviction was for threatening to assault a federal official. The court concluded that this offense necessarily involved the threatened use of physical force, meeting the definition of a crime of violence, and thus an aggravated felony. The court also found that any error by the BIA in method was harmless. As a result, the Fifth Circuit denied both the motion for appointment of counsel and the petition for review, affirming the final order of removal and ineligibility for cancellation of removal. View "McLean v. Bondi" on Justia Law

A native and citizen of Honduras entered the United States without authorization in 2019, seeking protection from removal based on claims of past persecution and a likelihood of future harm by the MS-13 gang. He described a series of violent incidents involving MS-13, including the murders of two brothers, threats, extortion attempts, and physical assaults. The petitioner asserted that reporting these incidents to Honduran authorities would have been futile or dangerous due to widespread corruption and gang infiltration of law enforcement. He also provided evidence that MS-13 continued to search for him and his family after he fled Honduras.Removal proceedings were initiated in 2023. The Immigration Judge (IJ) found the petitioner credible but denied his applications for withholding of removal and protection under the Convention Against Torture (CAT). The IJ concluded that the petitioner had not shown the Honduran government was unable or unwilling to control MS-13, partly because he had not reported the incidents to police and because police responded to his brothers’ murders. The IJ also determined that the petitioner had not demonstrated he could not reasonably relocate within Honduras to avoid harm, and that he had not established a likelihood of torture with government acquiescence. The Board of Immigration Appeals (BIA) affirmed the IJ’s decision, finding no clear error in the IJ’s analysis and dismissing the appeal.The United States Court of Appeals for the Fourth Circuit reviewed both the IJ’s and BIA’s decisions. The court held that the IJ and BIA abused their discretion by disregarding credible, unrebutted, and legally significant evidence that reporting to authorities would have been futile or dangerous, and by failing to meaningfully engage with country condition evidence of government corruption and gang control. The court vacated the BIA’s decision and remanded for further proceedings, holding that the record compelled the conclusion that the Honduran government was unable or unwilling to control MS-13 and that the petitioner could not reasonably relocate to avoid persecution. The court also found that the agency failed to properly consider evidence relevant to CAT relief. View "Marquez v. Bondi" on Justia Law

In this case, the defendant applied for U.S. citizenship in 2011 and, on his application and during an interview, denied ever having committed a crime for which he was not arrested. However, in 2013, he pleaded guilty in North Carolina state court to attempted statutory rape for conduct that occurred in 2008, admitting to engaging in a sexual act with a minor. He did not disclose this conduct on his naturalization application. Years later, a federal grand jury indicted him for naturalization fraud, alleging he knowingly concealed his criminal history to obtain citizenship.The United States District Court for the Western District of North Carolina denied the defendant’s motion to dismiss the indictment for unconstitutional preindictment delay, finding he had not shown actual prejudice from the delay. The court also denied his motion to suppress evidence of his state guilty plea, ruling that he could not collaterally attack the validity of his state conviction in federal court except for a deprivation of counsel, which did not apply here. At trial, the court limited the testimony of the defendant’s expert witness regarding his cognitive abilities, excluding certain opinions about his capacity to understand the application question. The jury convicted the defendant, finding he knowingly made a false statement, and the court sentenced him to six months in prison and revoked his citizenship.On appeal, the United States Court of Appeals for the Fourth Circuit affirmed the district court’s judgment. The Fourth Circuit held that the defendant failed to demonstrate substantial actual prejudice from the preindictment delay, that the district court properly refused to suppress the state guilty plea, and that while the limitation of the expert’s testimony was error under recent Supreme Court guidance, the error was harmless given the other evidence presented. The conviction and sentence were therefore affirmed. View "US v. Palmer" on Justia Law