Justia Immigration Law Opinion Summaries

The First Circuit denied Petitioner's petition for review of a final order of removal issued by the Board of Immigration Appeals (BIA) dismissing Petitioner's appeal of the decision of the immigration judge (IJ) concluding that Petitioner's Brazilian conviction constituted both an aggravated felony and a particularly serious crime rendering him ineligible for asylum, withholding of removal, cancellation of removal, and voluntary departure, holding that there was no error of law.On appeal, Petitioner argued that his Brazilian conviction was in absentia and that both the IJ and BIA erred in determining that the conviction was valid for immigration purposes, thus barring him from obtaining the relief he sought. The First Circuit affirmed, holding (1) the Brazilian conviction was not in absentia; (2) there was no evidence to support Petitioner's claim that his foreign conviction was a travesty of justice; and (3) substantial evidence supported the IJ's conclusion that Petitioner's conviction was not politically motivated. View "Andrade-Prado, Jr. v. Garland" on Justia Law

The First Circuit denied in part and dismissed in part the order of the Board of Immigration Appeals (BIA) upholding an immigration judge's (IJ) denial of Petitioners' request for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), holding that Petitioners were not entitled to relief.The IJ denied the requests for asylum and withholding of removal brought by Petitioners, a mother and daughter who were natives and citizens of Honduras, based on its finding Petitioners failed to demonstrate a well-founded fear of future persecution "on account of" a statutorily protected ground. Petitioners sought judicial review. The First Circuit denied the petition in part and otherwise dismissed it, holding (1) substantial evidence supported the agency's findings; and (2) Petitioners' CAT claim was not administratively exhausted. View "Barnica-Lopez v. Garland" on Justia Law

The First Circuit vacated the order of the Board of Immigration Appeals (BIA) rejecting Petitioner's claim for withholding of removal, holding that the BIA erred in failing properly to consider significant documentary evidence.Petitioner, a native and citizen of Honduras, applied for withholding of removal, alleging that she endured pervasive abuse at the hands of her ex-husband and that she fled Honduras to escape the abuse. An immigration judge (IJ) denied her application for withholding of removal, finding Petitioner to be not credible. The BIA dismissed Petitioner's appeal. The First Circuit vacated the BIA's decision because the agency had failed to consider the documentary evidence. On remand, the BIA again affirmed. The First Circuit vacated the BIA's order and remanded the case for further proceedings, holding that the BIA failed properly to consider the documentary evidence in accordance with this Court's prior remand order. View "Aguilar-Escoto v. Garland" on Justia Law

The First Circuit affirmed in part and vacated in part the order of the Board of Immigration Appeals (BIA) affirming the decision of the immigration (IJ) denying all three forms of relief sought by Petitioner, holding that the agencies improperly denied relief under the Convention Against Torture (CAT).Petitioner, a Guatemalan citizen, fled to the United States after a police-aided assault left him hospitalized. Petitioner sought asylum, withholding of removal, and relief under the CAT. The IJ found Petitioner credible but denied his requests for relief. The First Circuit affirmed in part and vacated in part, holding (1) there was no basis to reverse the IJ's denial of asylum or withholding of removal; but (2) the harm inflicted in the past on Petitioner clearly satisfied the severity element of torture for purposes of adjudicating a claim for relief under the CAT. View "Hernandez-Martinez v. Garland" on Justia Law

The First Circuit denied Petitioner's petition for review of an immigration judge's (IJ) denial of his application for withholding of removal, holding that the Petitioner's arguments were unavailing.Petitioner, a native and citizen of El Salvador, was subject to removal. Petitioner expressed fear of persecution or torture with the asylum officer. The asylum officer rejected Petitioner's reasonable fear claim, concluding that there was insufficient evidence to find that Petitioner had been attacked because of a protected ground. The IJ upheld the asylum officer's decision. The First Circuit affirmed, holding that the IJ did not err by dismissing Petitioner's gang-related claim. View "Reyes-Ramos v. Garland" on Justia Law

The First Circuit denied a petition for review sought by Petitioners, four individuals who left El Salvador for fear of harm at the hands of a gang, holding that the decision of the Board of Immigration Appeals (BIA) was supported by substantial evidence in the record.After Petitioners were charged as removable they conceded removability but cross-applied for asylum, withholding of removal, and relief under the United Nations Convention Against Torture. An immigration judge (IJ) rejected Petitioners' claims for relief, concluding that Petitioners failed to show that their claimed persecution bore a nexus to a protected ground. The BIA affirmed. The First Circuit denied Petitioners' petition for review, holding that the agency's determination that family membership was not a central reason for Petitioners' persecution was supported by substantial evidence in the record. View "Jimenez-Portillo v. Garland" on Justia Law

The First Circuit denied Petitioner's petition for review of a decision by the Board of Immigration Appeals (BIA) that denied Petitioner's motion to reopen and terminate his removal proceedings but granted the petition and vacated the BIA's ruling as to Petitioner's motion to reopen and rescind an in absentia removal order against him, holding that Petitioner received the requisite notice.In his motion to reopen to terminate his removal proceedings Petitioner argued that the immigration court lacked jurisdiction over his removal proceedings and in his motion in the alternative to reopen and rescind his removal order in absentia he argued that he did not receive proper notice in accordance with 8 U.S.C. 1229(a). The First Circuit rejected Petitioner's first argument but agreed with his second, holding that the BIA did not permissibly construe the term "notice" in concluding that Petitioner received the requisite notice to be ordered removed in absentia for failing to appear at his removal proceedings. View "Laparra-Deleon v. Garland" on Justia Law

The First Circuit granted in part Petitioner's petition for review of an order of the Board of Immigration Appeals (BIA) affirming the denial of Petitioner's application for withholding of removal under the Immigration and Nationality Act (INA) and for protection under the Convention Against Torture (CAT), holding that the BIA erred in rejecting Petitioner's social group claim.An immigration judge denied Petitioner's application for withholding of removal and ordered him removed. The BIA dismissed Petitioner's appeal, finding that Petitioner had not established eligibility for withholding of removal. The First Circuit granted in part Petitioner's petition for review and vacated in part the decision of the BIA, holding (1) the BIA's decision rejecting Petitioner's social group claim was in error, and remand was required for the BIA to consider whether Petitioner's proposed social group satisfied the requirements for constituting a particular social group under the INA to which Petitioner belonged; and (2) Petitioner was not entitled to relief on his remaining claims of error. View "Chavez v. Garland" on Justia Law

The First Circuit granted Petitioner's petition for review of an order of the Board of Immigration Appeals (BIA) affirming the denial of Petitioner's application for deferral of removal to Honduras under the Convention Against Torture (CAT), holding that the BIA erred in its review of the decision of the immigration judge (IJ).The IJ denied deferral of removal to Honduras, concluding that Petitioner was not likely to be tortured by, or with the consent or acquiescence of, the Honduran government. The BIA found no error in the IJ's determination. The First Circuit reversed, holding the the BIA erred when it (1) applied the incorrect standard of review to uphold the IJ's denial of CAT relief as to Honduras; (2) improperly failed to address Petitioner's argument that he would likely be tortured by or at the instigation of Honduran officials; and (3) failed meaningfully to address Petitioner's argument that MS-13 members may act under color of law. View "H.H. v. Garland" on Justia Law

The First Circuit denied Petitioner's petition for review of a final removal order upheld by the Board of Immigration Appeals (BIA), holding that the BIA did not commit legal error or abuse its discretion in failing adequately to address new evidence.Petitioner, a native and citizen of Cape Verde, sought adjustment of status under 8 U.S.C. 1255(a) through his U.S.-citizen son. The immigration judge (IJ) denied Petitioner's application for adjustment of status, and the BIA affirmed. The First Circuit denied Petitioner's petition for review, holding (1) the arguments and challenges Petitioner put forth as to the denial of his application for adjustment of status were neither constitutionally cognizable nor legally colorable; and (2) there was no basis to overturn the BIA's decision to deny the motion to remand the case. View "Moreno v. Garland" on Justia Law