Justia Immigration Law Opinion Summaries

A Nigerian citizen who became a lawful permanent resident of the United States in 2005 was placed in removal proceedings after being convicted of conspiracy to commit passport fraud. He had lived in the U.S. for many years, had a long-term partner, and was the father of four U.S. citizen children. His conviction stemmed from a scheme to obtain fraudulent U.S. passports for noncitizens, for which he was sentenced to 27 months in prison. After serving his sentence and briefly fleeing to Canada, he was returned to the U.S. and charged as inadmissible for committing a crime involving moral turpitude. In removal proceedings, he applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), claiming past persecution and fear of future harm in Nigeria due to his former union activities and threats from a militia group.An Immigration Judge (IJ) found him inadmissible, denied all forms of relief, and determined that his conviction constituted a particularly serious crime, barring asylum and withholding. The IJ also found his and his partner’s testimony not credible and denied CAT relief, concluding he had not shown a likelihood of torture with government acquiescence. The Board of Immigration Appeals (BIA) affirmed, agreeing with the IJ’s findings and further holding that the absence of an interpreter did not violate due process, that the conviction was a particularly serious crime, and that he was not eligible for a waiver of inadmissibility.The United States Court of Appeals for the Third Circuit reviewed the case. The court held that the BIA misapplied the legal standard for determining a particularly serious crime by failing to consider the elements of the underlying substantive offense in the conspiracy conviction. The court also found that the BIA did not properly analyze the CAT claim under the required legal framework and failed to consider eligibility for a waiver of inadmissibility. The court denied the due process claim but vacated the BIA’s decision and remanded for further proceedings, ordering a stay of removal pending the outcome. View "Amos v. Attorney General United States of America" on Justia Law

A Mexican citizen of Mayan descent sought relief from removal to Mexico, claiming that his indigenous heritage, visible gang-related tattoos, history of multiple deportations, mental illnesses, and substance-abuse disorder placed him at high risk of persecution and torture by Mexican police or criminal organizations. He described three attacks in Mexico: one by police, one by a vigilante group, and one by masked gang or cartel members. He also submitted expert testimony and extensive documentary evidence about widespread human rights abuses in Mexico, particularly against individuals with characteristics similar to his.After the Department of Homeland Security reinstated his prior removal order, he applied for withholding of removal and protection under the Convention Against Torture (CAT). An Immigration Judge (IJ) denied both forms of relief, finding him not credible based on his denial of gang membership, his demeanor, and the omission of a sensitive injury from his application. The IJ also found that his country-conditions evidence did not independently establish a likelihood of torture. The Board of Immigration Appeals (BIA) affirmed the IJ’s findings and denied relief.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court denied the petition for review as to withholding of removal, holding that substantial evidence supported the agency’s adverse credibility determination, particularly regarding the implausibility of the petitioner’s denial of gang membership and his demeanor. However, the court found that the BIA failed to give reasoned consideration to substantial expert and country-conditions evidence relevant to the CAT claim. The court therefore granted the petition in part, remanding the CAT claim for further consideration in light of all relevant evidence, and denied the petition in part as to withholding of removal. View "Uc Encarnacion v. Bondi" on Justia Law

Five Indian citizens entered the United States on F-1 student visas, completed their studies, and enrolled in “optional practical training” (OPT) programs. They allege that the organizations providing their OPT programs failed to deliver any actual training or work, and ultimately ceased communication. After returning to India for brief visits, each attempted to reenter the United States. At the airports, immigration officials revoked their visas. Four were subjected to expedited removal, while the fifth was permitted to withdraw his application for entry. All five returned to India and subsequently filed suit from abroad.The plaintiffs brought their case in the United States District Court for the Northern District of Illinois, Eastern Division, invoking the Administrative Procedure Act (APA) to challenge the administrative findings that they had misused the OPT program. They claimed they never received notice of any administrative proceedings or an opportunity to respond. The district court dismissed the case for lack of subject-matter jurisdiction, relying on 8 U.S.C. §1252(a)(2)(A)(i), which generally bars judicial review of individual determinations or claims arising from expedited removal orders under §1225(b)(1). The court found that the plaintiffs’ attempt to challenge the underlying findings, rather than the removal orders themselves, did not avoid the jurisdictional bar.The United States Court of Appeals for the Seventh Circuit affirmed the district court’s dismissal. The appellate court held that §1252(a)(2)(A)(i) precludes judicial review not only of expedited removal orders but also of the underlying justifications for those orders. The court further concluded that the administrative findings regarding the OPT programs were not “final” agency actions reviewable under the APA, as they were merely steps leading to the removal orders. Thus, the court lacked jurisdiction to consider the plaintiffs’ claims. View "Dubey v. Department of Homeland Security" on Justia Law

The case concerns a Guatemalan petitioner, López, who sought asylum, withholding of removal, and protection under the Convention Against Torture in the United States. After an immigration judge denied her applications, López appealed to the Board of Immigration Appeals (BIA), indicating her intent to file a supporting brief. On the deadline, her counsel attempted to file the brief electronically but mistakenly submitted it to the immigration court instead of the BIA. The immigration court rejected the filing weeks later, and counsel promptly refiled with the BIA and moved for acceptance of the late brief, explaining the technical error.The BIA, through an unsigned notice, denied the motion to accept the late-filed brief, stating only that the rationale was insufficient and that no further motions or reconsideration would be entertained. Subsequently, a single-member panel of the BIA dismissed López’s appeal, adopting the immigration judge’s decision and stating that the grounds for appeal were waived because they were not developed in a timely brief or statement. The BIA did not address the circumstances of the late filing or the explanation provided by López’s counsel.The United States Court of Appeals for the First Circuit reviewed the BIA’s actions. The court held that the BIA abused its discretion by failing to provide an adequate explanation for denying the motion to accept the late-filed brief, especially given the plausible and promptly explained reason for the delay. The First Circuit granted the petition for review and remanded the case to the BIA for further consideration consistent with its opinion, without addressing the merits of the underlying asylum claims. View "Lopez-Gomez v. Bondi" on Justia Law

A Guatemalan citizen and her minor son entered the United States without legal status in August 2021. In November 2022, the Department of Homeland Security initiated removal proceedings against her. Nearly a year later, she applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), naming her son as a derivative applicant. She claimed that, for four years prior to her departure, unidentified hooded men in her home village threatened to kidnap her children if she did not support their side in a local land conflict. She did not report these threats to authorities, and neither she nor her family suffered physical harm or kidnapping attempts.An Immigration Judge (IJ) found her asylum application untimely, rejecting her argument that ignorance of immigration law constituted an extraordinary circumstance excusing the late filing. The IJ also found that the threats did not amount to past persecution, nor did she establish a well-founded fear of future persecution, as the threats were unfulfilled and not linked to a protected ground. The IJ denied withholding of removal, citing her failure to meet the higher burden required, and denied CAT protection, finding no evidence she would likely be tortured or that the Guatemalan government would acquiesce in such harm. The Board of Immigration Appeals (BIA) affirmed, agreeing that her circumstances were not extraordinary and that the threats were insufficiently specific or severe to constitute persecution or torture.The United States Court of Appeals for the First Circuit reviewed the case. It held that it lacked jurisdiction to review the discretionary denial of her untimely asylum application under 8 U.S.C. § 1158(a)(2)(D). The court further held that substantial evidence supported the BIA’s denial of withholding of removal and CAT protection, as the record did not compel a finding of past persecution, future persecution, or likely torture. The petition for review was dismissed in part and denied in part. View "Zapet-Alvarado v. Bondi" on Justia Law

A woman from Honduras entered the United States without inspection in 2005 and was served with a Notice to Appear (NTA) for removal proceedings, which included the time, date, and location of her initial hearing, as well as instructions to update her address. She failed to appear at her first scheduled hearing, which was dismissed because the Department of Homeland Security (DHS) had not filed the NTA with the immigration court. After DHS filed the NTA and moved to recalendar, subsequent hearing notices sent to her listed address were returned as undeliverable. She did not appear at the rescheduled hearing in November 2009, and the immigration judge (IJ) ordered her removal in absentia.She later filed three motions to reopen her removal proceedings, arguing each time that she had not received notice of her hearing. The first motion was denied by the IJ, who found she had constructive notice and was at fault for not updating her address; the Board of Immigration Appeals (BIA) affirmed. Her second motion was denied by the BIA as repetitive. In her third motion, she cited new Supreme Court decisions (Pereira v. Sessions and Niz-Chavez v. Garland) and raised a new jurisdictional argument, but the BIA found the motion untimely and numerically barred, declined to exercise its sua sponte authority, and rejected her legal arguments.The United States Court of Appeals for the Sixth Circuit reviewed the BIA’s denial under an abuse-of-discretion standard. The court held that even if multiple motions to reopen based on lack of notice were permitted, the petitioner’s arguments lacked merit because she received an NTA that satisfied statutory notice requirements and failed to fulfill her obligation to update her address. The court also held that the immigration court had jurisdiction and that it lacked authority to review the BIA’s discretionary decision not to reopen proceedings sua sponte. The petition for review was denied. View "Vargas-Rodriguez v. Bondi" on Justia Law

A Haitian national who was admitted to the United States as a lawful permanent resident at age 13 faced removal proceedings after being convicted in New Hampshire for the sale of a controlled drug, which was classified as an aggravated felony under federal immigration law. During removal proceedings, he sought deferral of removal under the Convention Against Torture (CAT), arguing that he would likely be tortured if returned to Haiti due to risks posed by Haitian authorities, gangs, and individuals seeking revenge, especially given his severe mental illness.An Immigration Judge (IJ) sustained the removal charge and denied his application for CAT relief after conducting hearings and considering evidence. The IJ found that, although conditions in Haitian detention facilities were deplorable and extrajudicial violence was a problem, the petitioner had not shown that the Haitian government maintained these conditions with the specific intent to torture detainees. The IJ also found insufficient likelihood that the petitioner would be targeted for torture by gangs, mobs, or private individuals with government acquiescence. The Board of Immigration Appeals (BIA) affirmed the IJ’s decision, and the petitioner timely sought review in the United States Court of Appeals for the First Circuit.The First Circuit held that the BIA erred by failing to address the petitioner’s CAT claim regarding the risk of torture by low-level Haitian officials in detention facilities. The court vacated the BIA’s order and remanded for further consideration of this specific claim, instructing the BIA to properly distinguish between intent and purpose requirements for torture under CAT. The petition for review was otherwise denied, as the court found no error in the agency’s handling of other aspects of the CAT claim or in its evidentiary rulings. View "Fleurimond v. Bondi" on Justia Law

A naturalized U.S. citizen and his noncitizen son challenged the U.S. Secretary of State and the Consul General of the U.S. Consulate in Rio de Janeiro over the reclassification of a visa petition. The father, after becoming a lawful permanent resident, filed a Form I-130 petition for his son, who was under 21 at the time. The son turned 21 during the process, and the petition was approved when a visa in the F2A category was available. After the father naturalized, the consulate reclassified the petition into the F1 category for adult children of U.S. citizens, resulting in a lengthy wait for visa availability. The plaintiffs alleged that, under the Child Status Protection Act (CSPA), the son should still be considered under 21 for visa purposes, and the reclassification was unlawful.The United States District Court for the District of Massachusetts dismissed the complaint, relying on the doctrine of consular nonreviewability, which generally bars judicial review of consular decisions regarding visa denials. The court did not address the merits of whether the reclassification was lawful under the CSPA.The United States Court of Appeals for the First Circuit reviewed the case de novo. It held that the doctrine of consular nonreviewability did not bar judicial review in this instance because the plaintiffs were challenging the reclassification of the visa petition, not a visa denial. The court then addressed the merits and concluded that, under the CSPA, the son’s statutory age should be calculated using the formula provided for F2A beneficiaries, which accounts for bureaucratic delays. Therefore, the son remained a “child” for visa purposes at the time of the father’s naturalization, and the reclassification to the F1 category was unlawful. The First Circuit reversed the District Court’s dismissal and remanded for further proceedings. View "Teles De Menezes v. Rubio" on Justia Law

A Mexican citizen entered the United States without authorization in 2005. In 2018, the Department of Homeland Security began removal proceedings against him, initially serving him with a Notice to Appear (NTA) that did not specify the date and time of his hearing. He later received a subsequent notice with the specific date, time, and location of his hearing, which also warned of the consequences of failing to appear. Neither he nor his attorney appeared at the scheduled hearing, resulting in an in absentia removal order.He first moved to reopen the proceedings, alleging ineffective assistance of counsel, but the Immigration Judge, the Board of Immigration Appeals (BIA), and the United States Court of Appeals for the Sixth Circuit all denied relief. While his appeal was still pending, he filed a second motion to reopen, arguing that the initial NTA was deficient and that, under recent Supreme Court precedent, he was entitled to rescission of the removal order and eligibility for cancellation of removal. He also requested that the BIA reopen his case on its own motion (sua sponte). The BIA denied all requested relief, finding that he had received proper notice under the law, was ineligible for cancellation of removal, and declining to exercise its sua sponte authority.The United States Court of Appeals for the Sixth Circuit reviewed the BIA’s decision. The court held that the petitioner was not entitled to rescission of the in absentia removal order because, although the initial NTA was deficient, he received a subsequent notice that satisfied statutory requirements. The court also held that he forfeited his argument for cancellation of removal by failing to adequately develop it. Finally, the court dismissed for lack of jurisdiction his claim regarding the BIA’s refusal to reopen the case sua sponte. The petition was denied in part and dismissed in part. View "Guzman-Torralva v. Bondi" on Justia Law

Celia Ignacia Esquivel-Bataz, a Mexican citizen, was previously convicted of making a false statement to obtain credit and deported in 2012. In April 2025, she was found by ICE agents at an illegal gambling parlor in Houston. She was indicted for illegal reentry after deportation following a felony conviction, in violation of 8 U.S.C. § 1326(a) and (b). ICE lodged an immigration detainer against her, indicating that she would be taken into custody and removed to Mexico if released.A magistrate judge initially found that Esquivel-Bataz was not a flight risk and ordered her release on bond pending trial. The Government responded with an emergency motion to stay and revoke the release order, which the United States District Court for the Southern District of Texas granted. Esquivel-Bataz then moved for pretrial release, and the district court held an evidentiary hearing. After hearing testimony, including from an ICE officer about the detainer’s effect, the district court denied her motion, finding her to be a flight risk based on her criminal history, Mexican citizenship, prior deportation, and current unlawful presence.On appeal, the United States Court of Appeals for the Fifth Circuit reviewed the district court’s order under an abuse-of-discretion standard. The appellate court held that the district court did not abuse its discretion in denying pretrial release. The Fifth Circuit clarified that the district court did not treat the immigration detainer or potential deportation as flight risk per se, but rather considered the totality of circumstances, including individualized factors required by the Bail Reform Act. The order denying pretrial release was affirmed. View "United States v. Esquivel-Bataz" on Justia Law