Justia Immigration Law Opinion Summaries

The case involves Leopoldo Rivera-Valdes, a Mexican citizen who unlawfully entered the United States in 1992. In 1994, Rivera-Valdes failed to appear at his deportation hearing and was ordered deported in absentia. He was finally deported in 2006 after being apprehended. After being deported, Rivera-Valdes again unlawfully entered the United States. In 2019, he was charged with illegal reentry under 8 U.S.C. § 1326. He challenged the indictment, alleging that his 1994 in absentia deportation order violated due process. The district court denied the motion, and Rivera-Valdes entered a conditional guilty plea, preserving the right to appeal the constitutional challenge to his deportation.The district court denied Rivera-Valdes's motion to dismiss the indictment, ruling that his 1994 in absentia deportation order did not violate due process. Rivera-Valdes had argued that immigration authorities violated his due process rights by ordering him deported in absentia despite the notice of the deportation hearing being returned as undeliverable or unclaimed.The United States Court of Appeals for the Ninth Circuit affirmed the district court's decision. The court held that the deportation in absentia did not violate due process. The court found that whether Rivera-Valdes actually received the notice, the government followed its statutory obligations and reasonably attempted to inform him of the hearing by mailing notice to his last (and only) provided address. The court rejected Rivera-Valdes's argument that additional steps to notify him of his deportation hearing were required under Jones v. Flowers, 547 U.S. 220 (2006). The court concluded that even if Jones's "additional reasonable steps" standard did supersede the constitutional adequacy of notice as recognized in this court’s cases, the government still satisfied due process because no additional reasonable steps existed that were practicable for it to take. View "USA V. RIVERA-VALDES" on Justia Law

The petitioner, Tania Lizeth Gonzalez-Lara, sought review of the Board of Immigration Appeals' (BIA) decision denying her motion to remand to apply for voluntary departure and dismissing her appeal of an Immigration Judge’s (IJ) denial of her applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Gonzalez-Lara, a native of El Salvador, entered the United States in December 2017. She claimed persecution on account of her membership in particular social groups, including family members of Salvadoran police officers and Salvadoran women. The IJ found Gonzalez-Lara credible but denied her applications, finding that she had not suffered harm that rose to the level of past persecution and that her fear of future persecution was not objectively reasonable.The BIA affirmed the IJ's decision and denied Gonzalez-Lara's motion to remand to apply for voluntary departure. The BIA reasoned that Gonzalez-Lara did not show a well-founded fear of future persecution because she did not present evidence that the gangs have shown interest in her, her former partner, or family since she left El Salvador in 2017. The BIA also found that Gonzalez-Lara had waived the IJ’s denial of her CAT claim because she did not raise any specific argument on appeal.The United States Court of Appeals for the Ninth Circuit denied the petition for review. The court found that the BIA erred in denying the motion to remand on the basis that Gonzalez-Lara had not previously applied for voluntary departure. However, the court concluded that the BIA’s error was harmless because Gonzalez-Lara did not allege facts to satisfy all elements of voluntary departure, and the record did not independently establish her prima facie eligibility. The court also found that substantial evidence supported the BIA’s finding that Gonzalez-Lara’s fear of harm was too speculative to support her claim for relief. View "GONZALEZ-LARA V. GARLAND" on Justia Law

The case involves Marlon Alonzo Smith, a native and citizen of Guyana, who was found removable as an alien convicted of an aggravated felony. Smith challenged the authenticity and reliability of three documents the agency relied upon for its removability ruling: a Form I-213, Record of Deportable Alien; an FBI rap sheet; and a criminal judgment. He argued that these documents were not authenticated by any method and that an amendment to 8 C.F.R. § 287.6(a) made mandatory a requirement that domestic official records be authenticated.The Board of Immigration Appeals (BIA) concluded that Smith had not preserved his challenge to the authenticity of three of the Government’s exhibits, and they sufficed to establish his removability. The BIA also rejected Smith’s due process arguments and concluded that substantial evidence supported the denial of relief under the Convention Against Torture (CAT).The United States Court of Appeals for the Ninth Circuit denied Smith's petition for review. The court found that Smith did not preserve his challenge to the authenticity of the documents, and they were sufficient to establish his removability. The court also rejected Smith's due process arguments and concluded that substantial evidence supported the denial of CAT protection. The court did not resolve the issue of whether the amendment to 8 C.F.R. § 287.6(a) made mandatory a requirement that domestic official records be authenticated, leaving that analysis for another day. View "SMITH V. GARLAND" on Justia Law

Ulises Romeo Lucas-Hernandez was arrested by Border Patrol Agent Brian Mauler in a remote area north of the U.S.-Mexico border. During the arrest, Agent Mauler asked Lucas-Hernandez three questions in Spanish about his citizenship and immigration status. Lucas-Hernandez was subsequently charged with misdemeanor attempted entry by an alien under 8 U.S.C. § 1325(a)(1). Before trial, Lucas-Hernandez moved to exclude Agent Mauler from testifying to his Spanish-to-English translation of the questions and answers, arguing that the statements were hearsay and that Agent Mauler was not qualified as an expert to translate the statements. The magistrate judge denied the motion regarding hearsay, reasoning that the statements made by a defendant are considered party admissions, not hearsay.The magistrate judge found Lucas-Hernandez guilty of violating 8 U.S.C. § 1325(a)(1) and he was sentenced to time served. Lucas-Hernandez challenged his conviction in district court, asserting that Agent Mauler’s testimony of his field statements was hearsay and fell outside the hearsay exclusion in Rule 801(d)(2) because Agent Mauler was not a “mere language conduit” under United States v. Nazemian. The district court affirmed the magistrate judge’s ruling and found that Nazemian did not apply, and so Agent Mauler’s testimony as to Lucas-Hernandez’s field statements was not hearsay.The United States Court of Appeals for the Ninth Circuit held that the Nazemian analysis applies to the statements of a party opponent that are translated by the testifying witness. However, the court concluded that any error in admitting Agent Mauler’s testimony was harmless, considering the evidence presented from Lucas-Hernandez’s A-file, the database searches, and the circumstances when he was found by Agent Mauler. Therefore, the court affirmed the district court’s ruling upholding Lucas-Hernandez’s conviction under 8 U.S.C. § 1325(a)(1). View "United States v. Lucas-Hernandez" on Justia Law

The case involves Ninoska Suate-Orellana, who was ordered to be removed to Honduras in 2011 after her asylum application was denied. She reentered the U.S. illegally in 2014, and the Department of Homeland Security reinstated her prior removal order. Suate-Orellana filed a motion for reconsideration and termination of the underlying removal order, arguing that the Notice to Appear (NTA) in the original immigration proceedings was deficient under 8 U.S.C. § 1229(a)(1) because it did not state the time or date of her hearing. The immigration judge denied the motion, and the Board of Immigration Appeals (BIA) dismissed her appeal.The United States Court of Appeals for the Ninth Circuit granted Suate-Orellana’s petition for review of the BIA’s dismissal. The court found that Suate-Orellana had exhausted her claim that her NTA was statutorily deficient. The court also held that 8 U.S.C. § 1231(a)(5), which bars reopening or review of an order of removal that has been reinstated, is not jurisdictional. The court concluded that the government had forfeited its claim that § 1231(a)(5) barred reopening in this case. The case was remanded to the BIA for reconsideration of the merits of Suate-Orellana’s claim in light of intervening authorities. View "SUATE-ORELLANA V. GARLAND" on Justia Law

Genaro Medina-Luna, a Mexican national, was charged with attempted reentry by a removed noncitizen, a violation of 8 U.S.C. § 1326, after he was found concealed in the trunk of a car at the Otay Mesa, California Port of Entry. Medina-Luna had been previously removed from the United States five times between 2006 and 2022. He waived his right to a grand jury indictment and pleaded guilty unconditionally. The district court sentenced him to 41 months of imprisonment, a downward variance from the Guideline range of 63–78 months, considering his sincere family reasons for reentry and overcoming methamphetamine addiction.Medina-Luna appealed his sentence, raising two issues: the validity of his waiver of the right to a grand jury indictment and the substantive reasonableness of his sentence. The United States Court of Appeals for the Ninth Circuit held that Medina-Luna waived his right to appeal the validity of his waiver of indictment by entering an unconditional guilty plea. The court overruled a previous decision, United States v. Travis, which characterized any defect in the waiver of indictment as jurisdictional, citing the Supreme Court’s decision in United States v. Cotton, which held that defects in an indictment do not deprive a court of jurisdiction.Regarding the substantive reasonableness of the sentence, the court found no abuse of discretion. The district court had considered the statutory factors under 18 U.S.C. § 3553(a), acknowledged Medina-Luna's sincere family reasons for reentry, and his overcoming of methamphetamine addiction. The court affirmed the 41-month sentence, which was the sentence Medina-Luna himself had requested. The appeal was dismissed in part and affirmed in part. View "United States v. Medina-Luna" on Justia Law

In the case before the United States Court of Appeals for the Ninth Circuit, the petitioner, Silvia Tapia Coria, sought review of the Board of Immigration Appeals’ (BIA) denial of her motions for remand and administrative closure. The Immigration Judge (IJ) had found Coria removable and denied cancellation of removal based on her conviction of a controlled substance offense. On appeal to the BIA, she requested remand based on her eligibility to become a derivative beneficiary of her husband’s pending U visa application, and also sought administrative closure of her proceedings.The court considered whether its jurisdiction to review the BIA’s denial was limited by the “criminal alien bar” under 8 U.S.C. § 1252(a)(2)(C), as Coria was indisputably removable due to a covered criminal offense. She did not advance any constitutional claim or question of law that would have provided an exception to the criminal jurisdictional bar under 8 U.S.C. § 1252(a)(2)(D). The court held that its jurisdiction, under this circuit’s “on the merits” exception to the criminal jurisdictional bar, did not extend to this case.The court concluded that the “on the merits” exception was clearly irreconcilable with the reasoning and theory of Nasrallah v. Barr, 140 S. Ct. 1683 (2020). Under Nasrallah, a “final order of removal” includes all IJ or BIA rulings that “merge into final orders of removal,” meaning all matters on which the validity of the final order is contingent, and judicial review does not extend to factual challenges to the final removal order. Thus, the court held that it lacked jurisdiction to review Coria’s challenge to the BIA’s factual finding regarding the speculative nature of her obtaining derivative U visa relief. View "CORIA V. GARLAND" on Justia Law

In the case before the United States Court of Appeals for the Ninth Circuit, the defendant, Melchor Orozco-Orozco, was appealing his conviction for being a previously removed alien found in the United States, in violation of 8 U.S.C. § 1326. Orozco had previously been removed from the U.S. following a conviction for carjacking under California Penal Code § 215, which had been classified as an aggravated felony under the Immigration and Nationality Act (INA).The appellate court examined whether this classification was correct. It found that the California Supreme Court had determined that a person could commit carjacking under § 215 without the intent to steal required by a generic theft offense. This court held that Orozco's carjacking conviction did not qualify as an aggravated felony under the INA because § 215 was not a categorical match for a “theft offense.”The appellate court reversed the district court's order denying Orozco's motion to dismiss his indictment in accordance with 8 U.S.C. § 1326(d) and sent the case back to the lower court for further proceedings. The court affirmed the district court's order denying Orozco's motion to dismiss his indictment on equal protection grounds. View "USA V. OROZCO-OROZCO" on Justia Law

In this case, the United States Court of Appeals for the Ninth Circuit addressed the asylum petition of a Zambian woman, Milly Kalulu. The Board of Immigration Appeals (BIA) had previously dismissed her appeal of a removal order. Kalulu, who identifies as a lesbian, claimed past persecution in Zambia on account of her sexual orientation.The Ninth Circuit agreed with the BIA that substantial evidence supported the agency’s adverse credibility determination, meaning that the agency was justified in not believing Kalulu’s testimony. The court found that Kalulu had been inconsistent in her testimony regarding when she made plans to remain in the United States and her alleged fear of future persecution if she returned to Zambia. Her demeanor during the removal hearing also contributed to the adverse credibility determination.However, the Ninth Circuit identified errors in the agency’s evaluation of the documents Kalulu provided as evidence to support her claims of past persecution. The court found that the agency had misread some of these documents and had improperly discounted their evidentiary value based on these misreadings.The court therefore granted Kalulu's petition for a review of the BIA's decision and instructed the agency to reconsider whether the documents, when properly read, independently prove Kalulu’s claims of past persecution. The court made no determination as to whether these documents do provide such proof or whether Kalulu merits any of the relief for which she applied. View "KALULU V. GARLAND" on Justia Law

In this case, the petitioner, Miguel Angel Uribe Andrade, sought a review of the Board of Immigration Appeals' (BIA) decision dismissing an appeal of the Immigration Judge (IJ) order denying him asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Uribe proposed the social group, “Mexicans with mental health disorders characterized by psychotic features who exhibit erratic behavior,” as the basis for his asylum and withholding claims.However, the United States Court of Appeals for the Ninth Circuit denied Uribe’s petition, ruling that the BIA did not commit legal error in finding that Uribe’s proposed social group lacked particularity. The court stated that the term "erratic behavior" was not defined in the record and was not used by Uribe’s treatment providers in describing his conditions or symptoms. Therefore, the BIA could conclude that "erratic behavior" did not provide a clear indication of who might be in the proposed group.The court also found that substantial evidence supported the BIA’s denial of CAT protection. Uribe had not shown that it was more likely than not that he would be institutionalized in Mexico and tortured. Even if Uribe were committed to a mental health institution, the poor conditions in Mexico’s mental health facilities were not created with the intent to inflict suffering. Furthermore, Uribe’s claim that he would be tortured due to his former gang membership and tattoos was also speculative. View "URIBE ANDRADE V. GARLAND" on Justia Law