Justia Immigration Law Opinion Summaries

Franciele dos Reis Olimpio Alves, a native and citizen of Brazil, along with her husband and child, arrived in the United States in 2021 and were placed in removal proceedings. They conceded removability, and Olimpio filed an application for asylum, withholding of removal, and protection under the Convention Against Torture, citing abuse by her ex-partner in Brazil. The Immigration Judge (IJ) denied her request for relief, concluding that even if the abuse amounted to persecution, it was not on account of a protected ground.Olimpio appealed the IJ's denial of her asylum claim to the Board of Immigration Appeals (BIA). The BIA affirmed the IJ's decision, agreeing that Olimpio's ex-partner's motivation to harm her was based on personal issues regarding their relationship, not on account of her membership in a particular social group. Olimpio, her husband, and child then petitioned for review of the BIA's decision.The United States Court of Appeals for the First Circuit reviewed the case. The court noted that it reviews both the IJ's and the BIA's decisions as a unit when the BIA adopts portions of the IJ's findings while adding its own analysis. The court upheld the agency's factual findings under the substantial-evidence standard, which requires upholding the findings unless any reasonable adjudicator would be compelled to conclude otherwise.The court held that Olimpio did not demonstrate the requisite nexus between her claimed persecution and a protected ground. The agency reasonably concluded that her ex-partner's actions were motivated by personal issues rather than her membership in the proposed social group of "Brazilian women who are victims of domestic violence." Consequently, the petition for review was denied. View "Sanches Alves v. Bondi" on Justia Law

Sine Phimmady, a Laotian refugee admitted to the U.S. in 1979, was convicted of multiple assault-related crimes in 1992 and 1993. He served five years in prison and was subsequently placed in removal proceedings by the Immigration and Naturalization Services (INS). An Immigration Judge (IJ) found him deportable based on his convictions, and the Board of Immigration Appeals (BIA) dismissed his appeal. After being released from INS custody in 2000, Phimmady rebuilt his life, maintaining steady employment and starting a family. In 2022, he successfully vacated his 1993 convictions due to a lack of proper immigration warnings during his plea hearings.Phimmady requested the BIA to reopen his removal proceedings sua sponte, citing the vacatur of his convictions. The BIA denied his motion, stating that he had not demonstrated an exceptional situation warranting reopening, particularly noting his delay in seeking post-conviction relief. Phimmady filed a motion for reconsideration, arguing that the BIA had a settled practice of granting reopening in cases where convictions were vacated due to defects in the criminal proceedings. The BIA denied the reconsideration, emphasizing the need to consider the specific facts and circumstances of each case, including Phimmady's delay and the nature of his convictions.The United States Court of Appeals for the First Circuit reviewed the case. The court concluded that the BIA does not have a settled practice of granting sua sponte reopening solely based on the vacatur of convictions. The court found that the BIA's decisions often consider the totality of circumstances, including the noncitizen's diligence in seeking post-conviction relief. Therefore, the court denied Phimmady's petition for review, upholding the BIA's decision. View "Phimmady v. Bondi" on Justia Law

In this immigration case, the First Circuit vacated the order of the Board of Immigration Appeals (BIA) upholding the decision of the Immigration Judge (IJ) denying Petitioner’s applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). In his petition for review, Petitioner, a native of Guatemala, argued that he presented sufficient evidence to establish both past persecution and a well-founded fear of future persecution and that he could not reasonably relocate within Guatemala. The First Circuit granted the petition for review and remanded for further proceedings, holding (1) there was significant evidence in the record supporting a conclusion that relocation would be unreasonable; and (2) given the limited analysis on this issue by the IJ and the BIA, remand was proper for the BIA to consider it fully. View "Garcia-Cruz v. Sessions" on Justia Law

Petitioner, a citizen of Guatemala, petitioned for review of a decision of the Board of Immigration Appeals (BIA) denying his requests for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The BIA affirmed the decision of the Immigration Judge (IJ), concluding (1) the level of mistreatment Petitioner suffered did not rise to the level that could qualify as persecution to be entitled to a grant of asylum, and (2) Petitioner could not meet the requirements for withholding of removal and for protection under the CAT. The First Circuit denied Petitioner’s petition for review, holding (1) Petitioner failed to provide the court with a basis for reversing the BIA’s ruling denying his application for asylum; and (2) Petitioner failed to offer any basis on which to conclude that he could satisfy the requirements for withholding for removal or for protection under the CAT. View "Morales-Morales v. Sessions" on Justia Law

The Court of Appeals for the First Circuit held that aliens who are subject to reinstated orders of removal may not apply for asylum, even though they may be entitled to withholding of removal. In reaching this conclusion, the First Circuit ruled that certain provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 did not entitle Petitioner, a citizen of Guatemala who was subject to a reinstated order of removal, to seek asylum. The First Circuit affirmed the decisions of the immigration judge (IJ) and Board of Immigration Appeals (BIA) that determined that Petitioner could not apply for asylum even where the IJ determined that he was entitled to withholding of removal based on the persecution he would face in Guatemala. View "Garcia-Garcia v. Sessions" on Justia Law

In 2007, removal proceedings were initiated against Petitioner. An immigration judge (IJ), however, deemed Petitioner to be a U.S. citizen. In 2016, Petitioner was convicted of a drug felony, and a second IJ ordered Petitioner removed. The IJ denied Petitioner’s motion to terminate removal proceedings on the basis of the prior IJ’s determination that Petitioner was a U.S. citizen. The Board of Immigration Appeals (BIA) dismissed Petitioner’s appeal, agreeing that res judicata was inapplicable in the context of an administrative proceeding where doing so would “frustrate[] Congressional intent.” The First Circuit dismissed Petitioner’s petition for review, holding (1) the applicability of res judicata becomes immaterial before this Court because of the jurisdictional limitation imposed by the Immigration and Nationality Act; (2) Petitioner failed to meet his burden of proving that he is a United States citizen; and (3) accordingly, the jurisdictional bar in 8 U.S.C. 1252(a)(2) (C) applies and precludes judicial review of the final order of removal against Petitioner. View "Miranda v. Sessions" on Justia Law

Israa Hassan, a United States citizen, filed an I-130 petition seeking permanent resident status for her noncitizen husband, Kamal Ali. U.S. Citizenship and Immigration Services (USCIS) denied the petition based on its determination that Ali’s prior marriage had been fraudulent. Ali and Hassan (together, Plaintiffs) filed a lawsuit alleging that USCIS had violated their Fifth Amendment procedural due process rights by denying the I-130 petition without sua sponte offering a pre-decision evidentiary hearing. The magistrate judge issued an order granting the government’s motion for summary judgment, concluding that, even assuming that Plaintiffs had a liberty interest in Ali having permanent resident status through the petition, due process did not require an evidentiary hearing. The First Circuit affirmed, holding that, even assuming that Plaintiffs were entitled to some form of constitutionally protected liberty interest in this matter, the district court properly held that Plaintiffs did not show how their preferred procedure would have made any difference to the outcome. View "Ali v. United States" on Justia Law

After she was charged with removability, Petitioner, a native and citizen of Guatemala, filed an application for asylum and withholding of removal pursuant to the Immigration and Nationality Act. An immigration judge (IJ) rejected Petitioner’s application for relief. The Board of Immigration Appeals (BIA) upheld the IJ’s denial and dismissed the appeal. Thereafter, Petitioner filed a motion requesting that the BIA reopen and reconsider her appeal, contending that the BIA committed three legal errors. The BIA denied Petitioner’s motion to reopen and reconsider. The First Circuit dismissed Petitioner’s petition for review, holding that the BIA did not abuse its discretion when it denied Petitioner’s motion. View "Cortez Cardona v. Yates" on Justia Law

In May 1990, Petitioner, a lawful permanent resident, committed a felony under California law. At that time, the immigration laws allowed the Attorney General of the United States, if so inclined, to grant Petitioner a waiver from the full effect of his criminal conduct. In December 1990, Petitioner was convicted. In November 1990, the Immigration Act of 1990 (IMMACT) took effect. IMMACT divested the Attorney General of the discretion to grant such a waiver to any person who served five or more years of incarceration for an aggravated felony. In 2014, after Petitioner was released from prison, he was charged with being removable. The Board of Immigration Appeals determined that, although Petitioner’s conduct predated IMMACT’s enactment, the fact that his conviction postdated IMMACT’s enactment controlled. The First Circuit dismissed Petitioner’s petition for review, holding that controlling precedent is in accord with the BIA’s decision, and therefore, the BIA did not apply IMMACT to Petitioner in an improperly retroactive manner. View "Holder v. Lynch" on Justia Law

Swaby, a citizen of Jamaica, entered the U.S. on a tourist visa in 1996 and adjusted to lawful permanent resident status in 2010. In 2013, Swaby pled nolo contendere in Rhode Island to three counts of manufacturing, delivering, or possessing with intent to distribute marijuana. Swaby was charged with removability under 8 U.S.C. 1227(a)(2)(B)(i), which authorizes removal of an alien convicted of a violation of any federal or state law "relating to a controlled substance,” defined as a "drug or other substance" included in one of the five federal drug schedules, 21 U.S.C 802(6). Swaby initially appeared pro se and accepted an order of removal, waiving his right to appeal. In 2015, represented by counsel, Swaby moved to reopen and terminate removal proceedings, arguing that under the Supreme Court’s 2015 holding, Mellouli v. Lynch, his convictions did not qualify as removable offenses. The IJ reopened, but denied Swaby's request for cancellation of removal. The BIA affirmed. The First Circuit dismissed in part and denied relief in part. Under the modified categorical approach, the plea documents make clear that Swaby's convictions were for the manufacturing, delivering, or possessing with intent to distribute marijuana and "relat[e] to a controlled substance (as defined in [the federal drug schedules])," as section 1227(a)(2)(B)(i) requires. View "Swaby v. Yates" on Justia Law