Justia Immigration Law Opinion Summaries

The Attorney General has the discretion to cancel the removal of a non-permanent resident alien if the alien, among other things, has ten years of continuous physical presence in the United States. At issue here was whether, for purposes of the “stop-time” rule, an alien’s period of continuous physical presence ends when the alien is served a notice to appear that does not contain the date and time of the alien’s initial hearing. The Board of Immigration Appeals (BIA) answered this question in the affirmative in Matter of Camarillo, 25 I. & N. Dec. 644 (B.I.A. 2011). In the instant case, Petitioner conceded removability but sought relief in the form of cancellation of removal under 8 U.S.C. 1229b(b)(1), arguing that the notice to appear had not stopped the continuous residency clock because it was defective where it did not include the date and time of his hearing. An Immigration Judge ordered Petitioner removed. The BIA affirmed, concluding that the notice to appear was effective under the stop-time rule. The First Circuit denied Petitioner’s petition for review, holding that the BIA’s decision in Camarillo was entitled to Chevron deference. Therefore, Petitioner was unable to demonstrate the requisite ten years of physical presence and was thus ineligible for cancellation of removal. View "Pereira v. Sessions" on Justia Law

The First Circuit denied Petitioner’s petition for review of the Board of Immigration Appeals’ (BIA) denial of his untimely motion to reopen removal proceedings based on changed conditions. Petitioner, a Mexican national, conceded a charge of removability under 8 U.S.C. 1182(a)(6)(A)(i) but denied the charges. Petitioner later applied for asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge denied the petition. The BIA denied Petitioner’s appeal. More than three years later, Petitioner moved to reopen removal proceedings, arguing that his petition to reopen should be granted because the conditions in his home country had deteriorated and intensified. The BIA denied Petitioner’s motion to reopen. The First Circuit concluded that the BIA properly exercised its discretion and found that Petitioner failed to demonstrate changed conditions. View "Sanchez-Romero v. Sessions" on Justia Law

The First Circuit vacated the decision of Board of Immigration Appeals (BIA) determining that the Massachusetts crime of assault and battery with a dangerous weapon (ABDW) is categorically a crime involving mural turpitude under the Immigration and Nationality Act. The effect of the BIA’s opinion was to render Petitioner ineligible for cancellation of removal. Petitioner had pleaded guilty to one count of Massachusetts ABDW, after which the Department of Homeland Security initiated removal proceedings against him. Petitioner applied for cancellation of removal. The immigration judge (IJ) denied relief, concluding that Massachusetts ABDW is categorically a CIMT because of the presence of an aggravating element - the use of a dangerous weapon. The BIA agreed with the IJ. The First Circuit remanded the case for further consideration, as there were too many questions about the BIA’s thinking on the mental state required for a Massachusetts reckless ABDW conviction for the court to review the BIA’s CIMT determination. View "Coelho v. Sessions" on Justia Law

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

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