Articles Posted in US Court of Appeals for the Fifth Circuit

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After the IJ denied petitioner's motion to reopen her removal proceedings as untimely, the BIA dismissed her appeal. The Fifth Circuit denied her petition for review, holding that she has failed to meet her burden of demonstrating she was entitled to equitable tolling. The court explained that it could not consider the BIA's or the IJ's refusal to reopen sua sponte, and the court rejected petitioner's claim that her removal proceeding was a gross miscarriage of justice. View "Gonzalez-Cantu v. Sessions" on Justia Law

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The Fifth Circuit affirmed the district court's denial of defendant's motion to dismiss the indictment charging him with possession of a firearm and ammunition while unlawfully present in the United States, in violation of 18 U.S.C. 922(g)(5)(A). The court rejected defendant's contention that his receipt of relief pursuant to the Deferred Action for Childhood Arrivals (DACA) program and associated benefits consisting of work authorization, permission to hold a social security card and/or driver's license, and two-year protection from removal render him legally and lawfully present in the United States. In this case, defendant lacked lawful immigration status and he has failed to show entitlement of relief. Because the district court's written judgment incorrectly states that the statute of conviction is Section 922(g)(1), rather than Section 922(g)(5)(A), as alleged in Count One of the superseding indictment, the court affirmed the judgment but reformed it to reflect the conviction under Section 922(g)(5)(A). View "United States v. Arrieta" on Justia Law

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Petitioner, a ten year old native and citizen of El Salvador, petitioned for review of the BIA's decision affirming the IJ's denial of asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The Fifth Circuit denied the petition for review, holding that the alleged past-persecution of petitioner's mother cannot be imputed to petitioner; petitioner suffered from an isolated, verbal threat of future violence; and petitioner's omissions justified the BIA's refusal to overturn the IJ's adverse credibility determination. Therefore, the BIA correctly held that petitioner did not suffer from a well-found fear of persecution. The court affirmed the denial of relief. View "Herrera Morales v. Sessions" on Justia Law