Justia Immigration Law Opinion Summaries

Petitioner, a native and citizen of China, was charged as removable based on allegations that Petitioner had misrepresented himself as a Japanese citizen and national. An Immigration Judge (IJ) sustained the charge of removability. After a flurry of procedural activity, a second IJ found that Petitioner was removable as charged. The Board of Immigration Appeals (BIA) affirmed, concluding that Petitioner procured an immigration benefit through willful misrepresentation. The First Circuit denied Petitioner’s petition for review, holding that there was substantial evidence to support the finding that Petitioner deliberately and voluntarily used a fraudulent Japanese passport to gain entry into the United States. View "Li v. Lynch" on Justia Law

Appellant, a native of Cameroon, pleaded guilty to filing a false healthcare claim, larceny, and attempted larceny, in violation of Massachusetts state law. Appellant paid the full restitution amount and his case was dismissed. In an effort to be granted naturalization, Appellant attempted to revise his criminal record. Although Appellant successfully had his sentence “clarified” to establish the amount of loss to the victim of the crime, United States Citizenship and Immigration Services (USCIS) denied Appellant’s renewed application for naturalization on the grounds that Appellant had been convicted of an aggravated felony and was therefore ineligible for naturalization. Appellant filed a petition for judicial review, arguing that it had been established that the amount of loss to the victim of the crime of fraud or deceit was less than $10,000, and therefore, his petition for naturalization was improperly denied. The federal district court granted summary judgment in favor of the government, concluding that the totality of the circumstances supported USCIS’s finding that the amount of loss to the victim exceeded $10,000. The First Circuit affirmed, holding that the USCIS properly discounted “Appellant’s attempts at revisionist history” and properly denied naturalization. View "Nanje v. Chaves" on Justia Law

Petitioner, a native and citizen of Guatemala, applied for withholding of removal, asserting that he suffered past persecution and faced a clear probability of future persecution in Guatemala on account of his political opinion and his membership in a particular group. Despite finding Petitioner credible, an immigration judge (IJ) denied Petitioner’s application. The Board of Immigration Appeals (BIA) affirmed the IJ’s findings and dismissed Petitioner’s appeal, finding that Petitioner failed to establish that any harm he suffered or would likely suffer in the future was serious enough to constitute persecution and related to a statutorily protected ground. The First Circuit denied Petitioner’s petition for review, holding that substantial evidence supported the BIA’s findings. View "Hernandez-Lima v. Lynch" on Justia Law

Petitioner, a native and citizen of Eritrea, filed an application for asylum, withholding of removal, and protection under the Convention Against Torture, claiming that she was persecuted in Eritrea because of her Pentecostal faith. An immigration judge (IJ) ordered Petitioner’s removal to Eritrea. Although the IJ refrained from making an explicit adverse credibility finding regarding Petitioner’s credibility, the judge concluded that Petitioner failed to remedy credibility problems in her testimony with persuasive corroborating evidence. The Board of Immigration Appeals (BIA) affirmed. Petitioner filed a petition for review, asserting, inter alia, that the IJ and BIA erred in finding material inconsistencies in the evidence she presented and in relying on evidence outside the record. The First Circuit denied Petitioner’s petition for review, holding (1) a reasonable fact-finder would not be compelled on this record to conclude that Petitioner met her burden to prove past persecution; and (2) Petitioner’s claims for other forms of relief were unavailing. View "Bahta v. Lynch" on Justia Law

Petitioner, who was born and raised in Guatemala, entered the United States without inspection. The Government initiated removal proceedings against Petitioner for entering the United States without a valid entry document. Petitioner conceded removability and applied for asylum, withholding of removal, and protection under the Convention Against Torture, arguing that the threats of a police officer that shot and killed Petitioner’s father constituted persecution based on the social group of Petitioner’s family and demonstrated the likelihood that Petitioner would be tortured or killed if he returned to Guatemala. The Immigration Judge denied Petitioner’s application. The Board of Immigration Appeals affirmed. The First Circuit denied Petitioner’s petition for review, holding that Petitioner failed to satisfy his burden of proving he is a refugee. View "Marin-Portillo v. Lynch" on Justia Law

Petitioner, a native and citizen of the People’s Republic of China, conceded removability and applied for asylum, withholding of removal, and relief under the Convention Against Torture. Before the immigration judge (IJ), Petitioner argued that she had suffered past persecution due to her prior attendance and had an objectively well-founded fear of future persecution due to her prior attendance at an underground Christian church in China. The IJ denied Petitioner’s application. The Board of Immigration Appeals (BIA) dismissed Petitioner’s appeal, concluding that she had not demonstrated a well-founded fear of persecution. The First Circuit denied Petitioner’s petition for review, holding that the BIA’s decision to affirm the IJ’s denial of Petitioner’s asylum application was supported by substantial evidence. View "Qin v. Lynch" on Justia Law

Petitioner, a native and citizen of El Salvador, was charged with removability. Petitioner conceded removability and indicated her intent to seek asylum, withholding of removal, and protection under the Convention Against Torture. Before the immigration judge (IJ), Petitioner argued that she had suffered past persecution in El Salvador and had a well-founded fear of future persecution on account of her membership in the particular social group she defined as “Salvadoran women in intimate relationships with partners who view them as property.” The IJ denied Petitioner’s application for asylum and withholding of removal. The Board of Immigration Appeals (BIA) affirmed, concluding that Petitioner failed to establish that her proposed social group shared immutable characteristics and had social distinction. The First Circuit denied Petitioner’s petition for review, holding that substantial evidence supported the BIA’s finding that Petitioner failed to show either immutability or social distinction. View "Vega-Ayala v. Lynch" on Justia Law

Petitioner, a Guatemalan national, entered the United States and was placed in removal proceedings. Petitioner cross-applied for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT), claiming both past persecution and fear of future persecution due to his anti-gang political opinion and his membership in a particular social group. An immigration judge denied relief. The Board of Immigration Appeals (BIA) affirmed. The First Circuit denied Petitioner’s petition for judicial review, holding that there was no error in the BIA’s determinations and that the BIA's determinations were supported by substantial evidence in the record. View "Alvizures-Gomes v. Lynch" on Justia Law

When Thomas was a child, he was lawfully admitted to the United States for six months, but he and his parents remained in the country beyond that date. Thomas’s mother later became a naturalized United States citizen and, three days later, Thomas turned eighteen years old. Thomas did not apply to become a lawful permanent resident thereafter but, instead continued living in the United States without a lawful admission for permanent residence. Thomas was subsequently convicted in a Massachusetts state court for armed robbery. An Immigration Judge ordered Thomas removed, finding that Thomas was removable as an alien who had been convicted of an aggravated felony. The Board of Immigration Appeals affirmed. Thomas filed a petition for review, arguing that he satisfied the applicable statutory criteria for obtaining derivative citizenship in consequence of his mother’s naturalization. The First Circuit denied the petition, holding that Thomas did not satisfy the criteria set forth in the derivative citizenship statute that was in effect at the time he was still a minor. View "Thomas v. Lynch" on Justia Law

Petitioner, a native of El Salvador with multiple convictions, was placed in removal proceedings. An Immigration Judge (IJ) rejected Petitioner’s application for Nicaraguan Adjustment and Central American Relief Act (NACARA) special rule cancellation of removal. The Board of Immigration Appeals (BIA) dismissed Petitioner’s appeal. A Massachusetts district court later vacated Petitioner’s convictions, and the charges were subsequently dismissed for failure to prosecute. Thereafter, the BIA vacated its prior decision and remanded the case to the IJ for reconsideration. The IJ acknowledged that Petitioner was eligible for relief from removal under NACARA but exercised its discretion by declining to grant relief. The BIA affirmed. The First Circuit affirmed, holding that Petitioner did not deserve a favorable exercise of discretion. View "Lima v. Lynch" on Justia Law