Articles Posted in US Court of Appeals for the First Circuit

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The First Circuit denied Petitioner’s petition for review of the Board of Immigration Appeals’ (BIA) decision affirming the Immigration Judge’s (IJ) denial of her application for withholding of removal. Petitioner, a native and citizen of Guatemala, was charged with removability. Petitioner conceded removability but then applied for withholding of removal and for protection under the Convention Against Torture (CAT). The IJ denied relief, and the BIA affirmed, concluding that Petitioner did not establish that she would likely be harmed by criminal gangs in Guatemala based upon an enumerated ground. Petitioner contested only the BIA’s ruling affirming the denial of her request for withholding of removal. The First Circuit held that there was substantial evidence to support the BIA’s findings. View "Marroquin-Rivera v. Sessions" on Justia Law

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Petitioner, a Nigerian citizen by birth, pleaded guilty to making a material false statement in a matter within the jurisdiction of the United States government. Because of his conviction, Petitioner was permanently barred from obtaining lawful permanent resident status and was subject to deportation at any moment. Nearly a decade after his probationary sentence ended, Petitioner sought a writ of error coram nobis that vacates or allows him to revise the factual basis of his conviction. As grounds for the writ, Petitioner alleged that the performance of his attorney was constitutionally deficient under Sixth Amendment standards, and therefore, his conviction arose from fundamental error. The district court denied a writ of error coram nobis. The First Circuit affirmed, holding that Petitioner’s counsel was not constitutionally ineffective in any way. View "Williams v. United States" on Justia Law