Justia Immigration Law Opinion Summaries

Christian Ruiz, a native and citizen of Nicaragua, experienced significant trauma during his childhood due to persecution by the Sandinista government, including the murder of his father, threats to his family, and repeated harassment. After living in Nicaragua and Guatemala for several years, Ruiz moved to the United States in 2006. He applied for asylum more than a year after his arrival, citing the lasting effects of his childhood trauma, and also sought withholding of removal and protection under the Convention Against Torture. Ruiz later married a U.S. citizen and requested administrative closure of his removal proceedings to pursue adjustment of status, but his immigration history included multiple DUI convictions.The Immigration Judge (IJ) denied all forms of relief, finding Ruiz’s trauma did not constitute “extraordinary circumstances” excusing the untimeliness of his asylum application, and concluded that neither his past experiences nor current conditions in Nicaragua supported claims for withholding of removal or protection under the Convention Against Torture. The IJ also denied administrative closure, citing Ruiz’s criminal and immigration history. The Board of Immigration Appeals (BIA) affirmed these decisions, agreeing that Ruiz had not shown how his trauma prevented timely asylum filing, that country conditions in Nicaragua had changed, and that administrative closure was unwarranted.The United States Court of Appeals for the Ninth Circuit reviewed the case, addressing its jurisdiction under recent Supreme Court precedent. The court held it had jurisdiction to review the “extraordinary circumstances” determination as a mixed question of law and fact, subject to deference. On the merits, the Ninth Circuit found no error in the BIA’s denial of asylum, withholding, CAT relief, or administrative closure, and denied Ruiz’s petition for review. View "RUIZ V. BONDI" on Justia Law

Kun Liao, a native and citizen of China, sought relief from removal by applying for asylum, withholding of removal, and protection under the Convention Against Torture. An Immigration Judge denied these applications. Liao appealed to the Board of Immigration Appeals (BIA), which dismissed his appeal on April 10, 2025. He then filed motions to reconsider and to reopen the case; however, the motion to reconsider was deemed untimely, and the motion to reopen was denied for lack of new evidence. Liao also moved to stay removal, which the BIA denied as moot.Following the BIA’s final order denying his motions on July 2, 2025, Liao filed a petition for review with the United States Court of Appeals for the Fifth Circuit. His petition was received by the clerk on August 11, forty days after the BIA’s order, exceeding the statutory thirty-day deadline set by 8 U.S.C. § 1252(b)(1). The government promptly moved to deny Liao’s petition for untimeliness. The Fifth Circuit noted that Liao’s previous petition had been dismissed for failure to file his brief timely.The United States Court of Appeals for the Fifth Circuit held that the thirty-day filing deadline for petitions for review is a mandatory claim-processing rule, as clarified by the Supreme Court in Riley v. Bondi. Because the government did not waive its objection to Liao’s untimely filing and Liao failed to satisfy the requirements of the prison mailbox rule, the Fifth Circuit enforced the deadline and denied the petition for review. All other motions pending with the case were dismissed as moot. View "Liao v. Bondi" on Justia Law

A lawful permanent resident was convicted in 1999 of second-degree criminal sale of a controlled substance under New York law. In 2000, an Immigration Judge determined this conviction made him removable as both an aggravated felony and controlled substance offense and ordered his deportation. He was deported to the Dominican Republic. Over the following years, he reentered the United States twice without authorization, was convicted each time for illegal reentry, and the original 2000 removal order was reinstated for both removals. Following a third unauthorized reentry, he was again charged with illegal reentry. He then moved to dismiss the indictment, arguing that his original removal order was fundamentally unfair because his underlying conviction was not actually a removable offense, as clarified by the United States Court of Appeals for the Second Circuit in United States v. Minter.The United States District Court for the Southern District of New York denied his motion to dismiss. The district court concluded that, although there had been a procedural error in the original removal order, the defendant could not show prejudice because his subsequent illegal reentry convictions would themselves have rendered him removable. The district court thus found that the defendant had failed to meet the prejudice requirement under 8 U.S.C. § 1326(d).On appeal, the United States Court of Appeals for the Second Circuit held that the district court erred by relying on the later reinstatements of the invalid 2000 removal order. The Circuit explained that those reinstatements were not new removal orders and could not serve as independent predicates for the illegal reentry charge. The proper inquiry is whether the original removal order was fundamentally unfair and prejudicial, which it was. The court vacated the judgment and remanded for further proceedings. The related appeal was dismissed for lack of jurisdiction. View "United States v. Rodriguez" on Justia Law

James Devins, a pro se plaintiff, sought to sponsor a Nepali citizen, Rita Raut, for a U.S. student visa as part of his religious practice, which he described as involving “parental and patriotic guidance” and “spiritual and intellectual mentorship.” Raut’s visa applications were denied three times between 2021 and 2023. After the last denial, Devins filed three separate lawsuits relating to the visa refusal, each time alleging a violation of his rights under the Religious Freedom Restoration Act (RFRA).The United States District Court for the Western District of Texas dismissed Devins’s first suit against the Director of United States Citizenship and Immigration Services for lack of standing, without prejudice. In his second suit against the Assistant Secretary of State for Consular Affairs, the district court also dismissed the case without prejudice, citing a lack of subject matter jurisdiction based on standing and the doctrine of consular nonreviewability. In his third and current action, Devins again sued the Assistant Secretary, raising substantially the same claim based on the same events and added no new factual allegations.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the district court’s decision to dismiss the third action with prejudice based on the doctrine of res judicata. The Fifth Circuit held that all requirements for res judicata were met: the parties were identical or in privity, the prior judgments were final and on the merits as to jurisdiction, and the same claim was involved in all actions. The court concluded that further litigation was precluded, as Devins had not alleged any new injury or change in circumstances that would alter the prior jurisdictional rulings. The Fifth Circuit affirmed the district court’s dismissal with prejudice. View "Devins v. Armstrong" on Justia Law

A woman from Guatemala entered the United States without inspection in 1994 and later applied for asylum, using the address of a man she believed to be an immigration attorney. She was served a Notice to Appear at that address for a removal hearing in 1997 but did not attend, resulting in her removal in absentia. Over a decade later, in 2010, she moved to reopen her removal proceedings, arguing she never received notice of the hearing. The immigration judge (IJ) requested more evidence, but she did not respond, and her motion was denied. She did not appeal that denial.In 2020, she filed a second motion to reopen, again claiming lack of notice. The IJ found this motion was barred because only one such motion is permitted and she did not qualify for any exception. She appealed to the Board of Immigration Appeals (Board), raising arguments about notice and extraordinary circumstances but did not specifically challenge the IJ’s finding that her motion was numerically barred or argue for equitable tolling of the limit. The Board dismissed her appeal, deeming those issues waived, and declined to reopen her case sua sponte, citing her long delay and lack of due diligence.The United States Court of Appeals for the Sixth Circuit reviewed her petition. The court held that, because she failed to exhaust her administrative remedies by not contesting the number-bar ruling before the Board, review of that issue was denied. The court further held that it lacked jurisdiction to review the Board’s discretionary refusal to reopen proceedings sua sponte. Finally, the court rejected her due process claim, finding the Board’s explanation sufficient. Accordingly, the petition was denied in part and dismissed in part. View "Herrera v. Bondi" on Justia Law

Milder Escobar-Temal, a Guatemalan national, unlawfully entered the United States in 2012, living and working in Nashville, Tennessee. In October 2022, Nashville police responding to a domestic incident found three firearms at his residence. He was charged with unlawful possession of a firearm under 18 U.S.C. § 922(g)(5)(A), which prohibits possession of firearms by individuals unlawfully present in the United States. Escobar-Temal had no prior criminal convictions except a dismissed charge for driving without a license.The United States District Court for the Middle District of Tennessee denied Escobar-Temal’s motion to dismiss the indictment, in which he argued that § 922(g)(5)(A) violated the Second Amendment both facially and as applied. The district court reasoned that, while the Second Amendment’s protections may extend to unlawfully present persons, historical tradition supported disarming those who had not sworn allegiance to the state. After denying the motion, Escobar-Temal pleaded guilty but reserved the right to appeal the constitutional issue.The United States Court of Appeals for the Sixth Circuit reviewed the case and affirmed the district court’s judgment. The Sixth Circuit held that the Second Amendment does protect individuals unlawfully present in the United States if they have developed sufficient connections to the national community. However, it further held that there is a longstanding historical tradition of disarming groups lacking a formal relationship with the government, such as unlawfully present noncitizens, due to regulatory difficulties rather than inherent dangerousness. Therefore, the court concluded that § 922(g)(5)(A) does not violate the Second Amendment, either on its face or as applied to Escobar-Temal, and affirmed his conviction and sentence. View "United States v. Escobar-Temal" on Justia Law

Plaintiffs filed a class action against the Department of Homeland Security and Immigration and Customs Enforcement, alleging that the agencies were arresting noncitizens without a warrant in violation of 8 U.S.C. § 1357(a)(2). After years of litigation, the parties entered into a Consent Decree in 2021, approved by the United States District Court for the Northern District of Illinois in 2022. The Decree required the agencies to issue a policy statement, train officers, and document compliance with § 1357(a)(2). It also outlined procedures for enforcement and modification if violations were alleged.Prior to the Decree’s scheduled expiration in May 2025, Plaintiffs moved to enforce its terms and to extend its duration, asserting substantial noncompliance by Defendants. While these motions were pending, a DHS official declared the Decree terminated. On October 7, 2025, the district court found Defendants had violated the Decree, extended its term by 118 days, and ordered compliance-related relief. Later, Plaintiffs sought release or alternative detention for hundreds of individuals allegedly arrested in violation of the Decree. On November 13, 2025, the district court ordered the release of 13 individuals whom both parties agreed were arrested unlawfully, and additionally ordered release or alternatives for approximately 442 “potential class members,” pending determinations of violation.The United States Court of Appeals for the Seventh Circuit reviewed Defendants’ emergency motion to stay the district court’s October 7 and November 13 orders. The Seventh Circuit denied the request to stay the extension of the Consent Decree, holding that Defendants were unlikely to succeed on the merits of their argument that the extension violated 8 U.S.C. § 1252(f)(1). However, the court granted the stay as to the November 13 release order for those arrested pursuant to I-200 warrants and for “potential class members” pending individualized determinations under the Decree. The ruling sets forth the standards for stays and clarifies the limitations of § 1252(f)(1) in the context of class-wide injunctive relief and consent decree enforcement. View "Castanon Nava v. Department of Homeland Security" on Justia Law

A five-year-old child and her mother, recently arrived from the Dominican Republic, were staying with family in New Britain, Connecticut. The defendant, who was married to the mother's niece, lived in the same apartment. On New Year's Eve, the defendant sexually assaulted the child. Later that evening at a family party, the child told her mother that the defendant had kissed her, and after further questioning, disclosed more details of the assault. The next day, the mother confronted the defendant, who made incriminating admissions both in person and via text. Police interviewed the defendant at the station after he voluntarily agreed to meet and requested a Spanish-speaking detective. During the interview, which was conversational and not confrontational, the defendant confessed to inappropriate sexual conduct.The Superior Court, Judicial District of New Britain, denied the defendant’s pretrial motion to suppress his statements to police, finding he was not in custody for Miranda purposes. At trial, the court admitted the child’s statements to her mother under the spontaneous utterance exception to hearsay, and limited the testimony of the defense expert regarding the U visa program, which provides immigration benefits to victims of certain crimes who cooperate with law enforcement. The jury convicted the defendant of sexual assault in the first degree and risk of injury to a child.On direct appeal to the Connecticut Supreme Court, the defendant argued the trial court erred in denying his suppression motion, admitting the victim’s hearsay statements, and restricting expert testimony, and further sought review of confidential personnel records of one detective. The Connecticut Supreme Court held that the trial court properly denied the suppression motion, as the defendant was not in custody. The admission of the child’s statements was error but harmless, given other strong evidence. The limitations on the expert’s testimony did not deny due process or affect the verdict. Review of the confidential records revealed no material requiring disclosure. The conviction was affirmed. View "State of Connecticut v. Lazaro D." on Justia Law

A native and citizen of Honduras fled to the United States in 2016 after members of the MS gang targeted him and his brother, allegedly due to their refusal to join the gang. After suffering threats, extortion, and a kidnapping in Honduras, he relocated within the country but continued to receive threats. Fearing for his safety, he eventually left for the United States, where his family later joined him. He expressed fear that returning to Honduras would result in serious harm or death at the hands of the gang.Removal proceedings were initiated against him by the Department of Homeland Security, and an Immigration Judge (IJ) found him removable. He applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), but his asylum application was filed about fourteen months late. At his merits hearing, the IJ found his testimony credible but determined that he had not demonstrated exceptional circumstances justifying the late filing. The IJ denied his asylum application as untimely and also denied his applications for withholding of removal and CAT protection, finding that the harm he suffered was not severe enough to constitute persecution and that he failed to show a nexus between the harm and the proposed social groups. The IJ further noted he did not demonstrate the Honduran government was unable or unwilling to protect him.The Board of Immigration Appeals (BIA) affirmed the IJ’s decision, determining that he had not established extraordinary circumstances for the asylum application’s untimeliness, and that he had waived his CAT claim and the issue of government protection by failing to meaningfully challenge these findings before the Board.On review, the United States Court of Appeals for the Sixth Circuit held that it lacked jurisdiction to review the BIA’s discretionary determination regarding extraordinary circumstances under 8 U.S.C. § 1158(a)(2)(D) and found that the petitioner had forfeited the necessary government protection element for withholding of removal. The court denied the petition in part and dismissed in part. View "Osabas-Rivera v. Bondi" on Justia Law

A woman from Peru entered the United States in 2013 without valid documents and was later placed in removal proceedings. She conceded removability but sought asylum, withholding of removal, and protection under the Convention Against Torture, primarily based on years of physical and sexual abuse she experienced from her former partner, Mauro. She described a lengthy relationship characterized by escalating violence, failed police protection, and threats involving their child. De La Cruz claimed she was persecuted due to her membership in several proposed social groups, mostly linked to her status as a Peruvian woman in various familial or social configurations, and she submitted evidence about gender-based violence in Peru.The Immigration Judge found De La Cruz credible and her asylum application timely but denied all forms of relief. The judge concluded that the abuse she suffered was not on account of a statutorily protected ground, but rather arose from personal disputes within the relationship. As such, the judge found no sufficient nexus between the harm and the protected grounds necessary for asylum or withholding of removal, and determined her fear of future torture was speculative and unsupported for CAT relief. The Board of Immigration Appeals affirmed, agreeing that the Immigration Judge applied the correct legal standards and did not clearly err in the factual findings.The United States Court of Appeals for the First Circuit reviewed the case, applying substantial evidence review to factual findings and de novo review to legal conclusions. The court held that substantial evidence supported the agency’s determination that there was no nexus between the harm suffered and a protected ground, and agreed that the fear of future torture was too speculative to warrant CAT protection. Accordingly, the petition for review was denied. View "De La Cruz-Quispe v. Bondi" on Justia Law