Justia Immigration Law Opinion Summaries

Maris Oscar, a Haitian national, sought asylum in the United States, claiming persecution by the Parti Haïtien Tèt Kale (PHTK) in Haiti. Oscar testified that PHTK members attacked him in 2014 after he refused to join them. He fled Haiti in November 2014 and resettled in Chile in January 2015, where he lived for six years, attended university, worked, and received health coverage. Oscar and his family were granted permanent residence in Chile, as indicated by their Chilean identification cards. Oscar reported experiencing racism in Chile but did not claim any harm from the Chilean government.An immigration judge (IJ) denied Oscar's application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT), citing the firm resettlement bar due to his permanent residence in Chile. The IJ found that Oscar's reports of racism did not qualify him for an exception to the firm resettlement bar. The Board of Immigration Appeals (BIA) upheld the IJ's decision, leading Oscar to petition for review.The United States Court of Appeals for the Ninth Circuit reviewed the case and denied Oscar's petition. The court held that the Chilean government's issuance of an identification card with "Visa: PERMANENT RESIDENCE" constituted direct evidence of a firm offer of resettlement. Oscar failed to show that the firm resettlement bar did not apply, as his argument that his Chilean residence status had been revoked was insufficient. Additionally, the court found that Oscar did not experience substantial discrimination that would qualify for an exception to the firm resettlement bar, and there was no evidence that the Chilean government consciously restricted his residence. Thus, the firm resettlement bar rendered Oscar ineligible for asylum. View "OSCAR V. BONDI" on Justia Law

Jin Yin Zhou, a Chinese citizen, married a U.S. citizen in 1996 and entered the United States as a conditional permanent resident in 1997. However, she never lived with her husband and instead lived with her boyfriend in Kentucky, with whom she had three children. Zhou concealed these facts during her immigration proceedings, including when she applied for naturalization. Eventually, the United States Citizenship and Immigration Services discovered her marriage fraud, leading to her being placed in removal proceedings. The immigration judge sustained the charge of removability but granted her relief from removal under 8 U.S.C. § 1227(a)(1)(H), considering her long residence, stable employment, and the hardship her children would face if she were removed.The Department of Homeland Security appealed the immigration judge's decision to the Board of Immigration Appeals (BIA). Zhou's counsel failed to file a brief on her behalf, and the BIA reversed the immigration judge's decision, ordering Zhou's removal. Zhou filed an untimely motion to reopen her removal proceedings, requesting equitable tolling of the 90-day deadline due to ineffective assistance of counsel. The BIA denied the motion, stating that Zhou failed to demonstrate the requisite prejudice and due diligence.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court held that it lacked jurisdiction to review the BIA's determination regarding the lack of prejudice, as this determination was dispositive of the appeal. Consequently, the court dismissed Zhou's petition for review. View "Zhou v. Bondi" on Justia Law

Ansar Hassen Hussen, an Ethiopian citizen, entered the U.S. on a B-2 visitor visa in January 2014 and overstayed. He applied for asylum, withholding of removal, and relief under the Convention Against Torture (CAT), claiming persecution in Ethiopia due to his political opinion and ethnicity. An immigration judge (IJ) found his account implausible and denied his application. The Board of Immigration Appeals (BIA) affirmed, agreeing that material aspects of Hussen's story did not add up. Hussen filed a petition for review, No. 23-1047.While the first petition was pending, Hussen married a U.S. citizen, who filed an I-130 application for an immigrant visa on his behalf. Hussen then filed a motion with the BIA to reopen his proceedings to seek an adjustment of status based on his marriage. The BIA denied the motion, concluding that Hussen's evidence was insufficient to prove the bona fides of his marriage. Hussen filed a second petition for review, No. 23-2197.While the second petition was pending, Hussen filed another motion with the BIA to reopen the proceedings and reconsider its denial of his earlier motion. He provided additional evidence, but the BIA denied the motion, and Hussen filed a third petition for review, No. 24-1257.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court denied Hussen's first petition, No. 23-1047, upholding the BIA's adverse credibility determination. The court granted Hussen's second petition, No. 23-2197, vacated the BIA's order denying the motion to reopen, and remanded for further proceedings, finding that the BIA applied the wrong legal standard. The court denied Hussen's third petition, No. 24-1257, as moot in light of the relief granted on the second petition. View "Hussen v. Bondi" on Justia Law

Monsalvo Velázquez, a Mexican national, entered the U.S. unlawfully and has lived in Colorado for about 20 years. The federal government initiated removal proceedings against him in 2011. He requested either suspension of removal due to potential persecution in Mexico or permission to leave voluntarily. An immigration judge found him removable but granted him 60 days to depart voluntarily. The Board of Immigration Appeals (BIA) upheld the removal order and granted a new 60-day voluntary departure period, which ended on a Saturday. Monsalvo filed a motion to reopen on the following Monday, but the BIA rejected it as untimely, stating the deadline expired on Saturday.The Tenth Circuit Court of Appeals agreed with the BIA, holding that the 60-day voluntary departure period in 8 U.S.C. §1229c(b)(2) refers to calendar days, with no extension for weekends or holidays. Monsalvo then petitioned for review by the Supreme Court.The Supreme Court of the United States reviewed the case and held that it has jurisdiction to review Monsalvo’s petition under §1252, which allows for judicial review of final orders of removal and all questions of law arising from them. The Court determined that the term “60 days” in §1229c(b)(2) should be interpreted to extend deadlines falling on weekends or legal holidays to the next business day, aligning with longstanding administrative practices and other similar statutory deadlines.The Supreme Court reversed the Tenth Circuit’s decision and remanded the case for further proceedings consistent with this interpretation. View "Velazquez v. Bondi" on Justia Law

Efrain Leonides-Seguria, a Mexican citizen without legal status in the United States, was detained by Immigration and Customs Enforcement (ICE) on June 15, 2021, for illegal reentry. Six days later, ICE referred him for criminal prosecution. On June 23, federal prosecutors filed a criminal complaint, and a magistrate judge issued an arrest warrant. Leonides-Seguria remained in immigration custody until June 28, when he was arrested on the criminal complaint. He later waived prosecution by indictment, consenting to the filing of a criminal information on July 27.The United States District Court for the Northern District of Illinois denied Leonides-Seguria’s motions to dismiss the federal charge, arguing that the government violated the Speedy Trial Act and that 8 U.S.C. § 1326 is unconstitutional. He pled guilty but reserved the right to appeal these denials. The district court sentenced him to 51 months’ imprisonment.The United States Court of Appeals for the Seventh Circuit reviewed the case. Leonides-Seguria argued that the Speedy Trial Act was violated because the criminal information was filed more than 30 days after his apprehension. He urged the court to recognize a "ruse exception," where civil detention by immigration authorities is used to delay criminal prosecution. The Seventh Circuit declined to resolve the legal question of the ruse exception, finding that the facts did not support its application. The court found no evidence of collusion between ICE and federal prosecutors to circumvent the Speedy Trial Act. The court affirmed the district court’s denial of the motion to dismiss and upheld the constitutionality of 8 U.S.C. § 1326, consistent with precedent. The Seventh Circuit affirmed the district court’s judgment. View "USA v Leonides-Seguria" on Justia Law

Joseph Ebu, a lawful permanent resident, was involved in concurrent naturalization and removal proceedings. The United States Citizenship and Immigration Services (USCIS) delayed considering his naturalization application due to the pending removal proceedings. When the delay exceeded 120 days after his naturalization examination, Ebu sought judicial intervention to determine his naturalization application and declare him prima facie eligible for naturalization under 8 U.S.C. § 1447(b). The district court dismissed his complaint, citing a provision that prohibits the determination of a naturalization application while removal proceedings are pending, relying on the unpublished opinion in Rahman v. Napolitano.The United States District Court for the Eastern District of Kentucky dismissed Ebu’s complaint, agreeing with USCIS that removal proceedings take priority over naturalization applications. The court followed the precedent set in Rahman, which held that 8 U.S.C. § 1429 precludes district courts from considering naturalization applications under § 1447(b) while removal proceedings are pending.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court’s dismissal. The court held that § 1429’s prohibition on the Attorney General from considering naturalization applications during pending removal proceedings also applies to district courts. The court emphasized that Congress intended for removal proceedings to take priority over naturalization applications, regardless of the forum. The court also rejected Ebu’s request for a declaratory judgment on his prima facie eligibility for naturalization, stating that such a judgment would be an impermissible advisory opinion. The court concluded that the district court correctly dismissed Ebu’s complaint based on § 1429 without considering the merits of his naturalization application. View "Ebu v. Citizenship and Immigration Services" on Justia Law

Eugenia Bautista Chavez, a native and citizen of Mexico, challenged the Board of Immigration Appeals’ order of removal based on her 2011 conviction for petit larceny under section 18.2-96 of the Virginia Code. The Board held that petit larceny categorically qualified as a crime involving moral turpitude, rendering Chavez ineligible for cancellation of removal. Chavez argued that a defendant in Virginia could be convicted of larceny for taking property that he or she sincerely but unreasonably believed was abandoned, which falls short of the requisite mental state for a crime involving moral turpitude. She also contended that petit larceny for taking property of de minimis value does not constitute sufficiently reprehensible conduct to make out a crime involving moral turpitude.The Immigration Judge ruled for the government, reasoning that he was required to find that petit larceny was a crime involving moral turpitude under the Fourth Circuit’s decision in Hernandez v. Holder. Chavez appealed to the Board, arguing that Virginia petit larceny did not require a culpable mental state and did not involve reprehensible conduct. The Board dismissed Chavez’s appeal, concluding that the offense required a culpable mental state and involved reprehensible conduct. Chavez then moved the Board to reconsider its decision, but a temporary Board member denied her motion.The United States Court of Appeals for the Fourth Circuit reviewed the case and denied Chavez’s petition. The court held that Virginia petit larceny is a crime involving moral turpitude because it requires an intent to permanently deprive the owner of property, which satisfies the culpable mental state requirement. The court also found that the offense involves reprehensible conduct, regardless of the value of the property taken. Additionally, the court rejected Chavez’s challenge to the authority of the temporary Board member who decided her reconsideration motion, citing its previous decision in Salomon-Guillen v. Garland. View "Chavez v. Bondi" on Justia Law

Jathursan Thankarasa, a Tamil citizen of Sri Lanka, participated in a protest supporting Tamil rights and was subsequently arrested, beaten, and interrogated by the police. After his release, he faced continued harassment and threats, leading him to leave Sri Lanka with the help of a smuggler. He traveled through several European countries using a Sri Lankan passport provided by the smuggler but did not seek asylum in any of those countries. Before entering the United States, the smuggler gave him a genuine French passport belonging to another person, which he used to attempt entry. Upon arrival, he admitted the passport was not his and stated his intention to seek asylum.The Immigration Judge (IJ) granted Thankarasa’s application for withholding of removal but denied his asylum application, citing his fraudulent use of the French passport as an egregious factor outweighing his fear of persecution. The IJ reconsidered the asylum denial, as required by regulations, but again denied it, emphasizing the lack of family reunification concerns since Thankarasa had no immediate family eligible for derivative asylum benefits. The Board of Immigration Appeals (BIA) affirmed the IJ’s decision, agreeing that the fraudulent entry was sufficiently egregious to outweigh his fear of persecution.The United States Court of Appeals for the Third Circuit reviewed the case and upheld the IJ’s and BIA’s decisions. The court found that the IJ properly considered the totality of the circumstances, including the egregiousness of the immigration fraud and the lack of family reunification concerns. The court concluded that the IJ did not abuse his discretion in denying the asylum application and denied Thankarasa’s petition for review. View "Thankarasa v. Attorney General" on Justia Law

Petitioners, a husband and wife from Guatemala, sought review of the Board of Immigration Appeals' (BIA) decision upholding the Immigration Judge's (IJ) denial of their applications for cancellation of removal. They argued that their removal would cause "exceptional and extremely unusual hardship" to their U.S. citizen children. The IJ found that the petitioners did not meet this hardship requirement, despite finding them otherwise eligible for cancellation of removal. The IJ's decision was based on the conclusion that the children would not suffer the requisite level of hardship if the family relocated to Guatemala.The IJ's decision was appealed to the BIA, which affirmed the IJ's findings. The BIA agreed with the IJ that the petitioners had not demonstrated that their removal would result in "exceptional and extremely unusual hardship" to their children. The BIA reviewed the IJ's factual findings for clear error and found none, particularly regarding the health and well-being of the petitioners' son, A.B.M., who had experienced past trauma and had ongoing health issues.The United States Court of Appeals for the First Circuit reviewed the BIA's decision. The court found that the BIA had legally erred by failing to consider key evidence, specifically a psychological report detailing the mental health status of A.B.M. The court held that the BIA must consider all relevant evidence in the record when reviewing the IJ's findings for clear error. The First Circuit granted the petition for review, vacated the BIA's order, and remanded the case for further proceedings, instructing the BIA to adequately consider the full record, including the psychological report, in its determination. View "Blanco Contreras v. Bondi" on Justia Law

Jordan Pulido developed an online relationship with a 14-year-old Croatian girl, I.G., and, with the help of his father, Roberto Jimenez, traveled to Croatia to have sex with her. They later brought her to the United States, where Pulido continued to have sex with her. Pulido was indicted on multiple counts, including using the internet to entice a minor, traveling with intent to engage in illicit sexual conduct, and transporting a minor for sexual activity. Jimenez was indicted for conspiring to transport a minor for sexual activity.The United States District Court for the Middle District of Florida denied Pulido's pre-trial motions to dismiss the indictment, suppress evidence, and exclude testimony. Both defendants were convicted on all counts after a nine-day trial. Post-trial motions for acquittal, a new trial, and a mistrial were also denied. Jimenez received sentence enhancements for exercising undue influence and having custody or supervisory control over I.G.On appeal, the United States Court of Appeals for the Eleventh Circuit reviewed the case. The court affirmed the district court's decisions on most counts but vacated Pulido's conviction on the enticement count, finding the indictment duplicitous. The court held that the enticement count was not harmless and remanded for resentencing. The court also affirmed the district court's denial of Pulido's motion to suppress evidence from his electronic devices, holding that the border search exception applied. Additionally, the court found no fundamental unfairness in the translation irregularities during I.G.'s mother's testimony.For Jimenez, the court affirmed the denial of his motion for judgment of acquittal, finding sufficient evidence of his intent to transport I.G. for sexual activity. The court also upheld the denial of his motion for a mistrial based on Agent Garcia's testimony about his immigration status, concluding that the curative instruction mitigated any potential prejudice. Finally, the court affirmed the application of the sentencing enhancements for undue influence and custody or supervisory control. View "U.S. v. Pulido" on Justia Law