Justia Immigration Law Opinion Summaries

Petitioner, a native and citizen of India, petitioned for review of the BIA's order affirming the IJ's order of removal. Petitioner, a lawful permanent resident (LPR), was deemed an inadmissible arriving alien upon his return from a 17-day overseas trip. At issue was whether 8 U.S.C. 1101, as amended by the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), still allowed for the case-by-case analysis of an alien's intent under Rosenberg v. Fleuti when determining whether the alien was "seeking an admission" for purposes of removal proceedings. Under Fleuti, LPRs were permitted to take "innocent, casual, and brief" trips abroad without having to seek readmission. The court joined its sister circuits and held that, based on the plain text of the statute, the Fleuti doctrine did not survive IIRIRA's enactment. Accordingly, upon petitioner's entry into the country from India, he was "seeking admission into the United States" and was subject to removal because of his criminal history. The court reached the same result pursuant to principles of administrative deference under Chevron. The court rejected petitioner's remaining claims and denied the petition for review. View "Othi v. Holder, Jr." on Justia Law

An Indonesian couple appealed the denial of their applications for withholding of removal and relief under the Convention Against Torture (CAT). Upon review, the Tenth Circuit found the application was untimely, and therefore dismissed for lack of jurisdiction. View "Batubara v. Holder" on Justia Law

Cornejo’s father came to the U.S. in 1983 and, in 1994, brought his family to this country without admission. At age 18, Cornejo began having trouble with the law, including charges of driving without a license, possession of a controlled substance and paraphernalia, first degree criminal trespass, theft and criminal mischief, and violation of probation. Between 2002 and 2005, Cornejo avoided legal problems, but in 2005 he was charged with domestic battery and criminal damage to property. In 2006 he pled guilty to aggravated unlawful use of a weapon after he brandished a firearm during an argument with a neighbor. During immigration proceedings, Cornejo had four domestic battery charges and was twice arrested for DUI. After his conviction for the weapons violation, DHS initiated removal based on his illegal presence and his conviction for a crime of moral turpitude. During proceedings, Cornejo married a citizen and a petition for an alien relative was filed on his behalf. The IJ determined that Cornejo had not shown that his removal would result in extreme hardship to a qualified relative and that, even if he had made a showing, he did not merit a favorable exercise of discretion. The BIA affirmed. Cornejo moved to reopen based on new evidence of hardship to his U.S.-citizen daughter. The BIA denied the motion. The Seventh Circuit denied review.View "Reyes-Cornejo v. Holder" on Justia Law

After removal proceedings were instituted against Petitioner, a native and citizen of Ecuador, Petitioner conceded his removability but applied for withholding of removal and for protection under the Convention Against Torture. In support, Petitioner claimed his unfavorable financial prospects in Ecuador made him fearful of returning against his native country. The immigration judge (IJ) denied relief, and the Board of Immigration Appeals (BIA) affirmed. Petitioner subsequently filed a motion to reopen, which the BIA denied. Petitioner filed a motion requesting that the BIA reconsider its decision rejecting his claim of persecution as well as a second motion to reopen, alleging ineffective assistance of his prior counsel. The BIA denied both motions. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that the BIA did not abuse its discretion in (1) denying Petitioner's motion for reconsideration where the BIA correctly found that Petitioner did not allege grounds for withholding of removal. and (2) denying Petitioner's second motion to reopen because Petitioner did not carry his burden of demonstrating ineffective assistance of counsel. View "Muyubisnay-Cungachi v. Holder" on Justia Law

Petitioner, a Guatemalan national, applied for withholding of removal and protection under the United Nations Convention Against Torture after the Department of Homeland Security (DHS) commenced removal proceedings against him. Because the DHS had also initiated removal proceedings against Petitioner's cousin, who also applied for similar relief, the two sets of proceedings were consolidated. After a hearing, the immigration judge (IJ) denied the cousins' applications, grounding her decision on a determination that neither man had testified credibly. The Board of Immigration Appeals (BIA) affirmed the orders of removal. The First Circuit Court of Appeals denied Petitioner's petition for review, holding (1) the Court had jurisdiction to consider Petitioner's issues even though it was Petitioner's cousin who raised them before the BIA; (2) the IJ's adverse credibility determination was correctly upheld because it was adequately tied to substantial evidence in the record; and (3) the IJ's denial of Petitioner's mid-trial request for a continuance was not an abuse of discretion. View "Mazariegos-Paiz v. Holder" on Justia Law

Petitioner, a native and citizen of Russia, petitioned for review of the BIA's denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The court concluded that petitioner was denied due process when the government was allowed to introduce its forensic report on a medical document without prior notice and by refusing a continuance to allow petitioner to investigate the report; the court concluded that petitioner had suffered past persecution; but the court rejected petitioner's contention that the government improperly disclosed information contained in his asylum application. The court granted the petition, remanding to allow petitioner a reasonable opportunity to investigate the forensic report on the medical report and to present additional evidence. View "Bondarenko v. Holder Jr." on Justia Law

Petitioner, a native and citizen of Mexico and lawful permanent resident, petitioned for review of the BIA's order affirming the IJ's finding that petitioner was removable under 8 U.S.C. 1227(a)(2)(A)(iii). Petitioner was charged with seventeen counts of lewd and lascivious acts upon children in violation of various provisions of the California Penal Code. The court denied the petition, holding that petitioner was an alien convicted of an aggravated felony within the meaning of 8 U.S.C. 1101(a)(43)(F) because petitioner's state crime of conviction, California Penal Code section 288(c)(1), was a categorical crime of violence under 18 U.S.C. 16(b) where it posed a substantial risk of the use of physical force. View "Rodriguez-Castellon v. Holder, Jr." on Justia Law

Petitioner, an Estonian-born citizen of Russia, petitioned for review of the BIA's order denying her untimely motion to reopen removal proceedings. The court held that when a petitioner failed to meet the statutory deadline to file a motion to reopen her immigration case, equitable tolling was appropriate only when (1) the Government's wrongful conduct prevented the petitioner from filing a timely motion; or (2) extraordinary circumstances beyond the petitioner's control made it impossible. In this case, petitioner simply misunderstood the accurate, but limited, advice given by a USCIS officer and then ignored two warnings from her attorney that she needed to file a motion to reopen her immigration case within the statutory time limit. Accordingly, petitioner failed to satisfy either criteria for equitable tolling and the court denied the petition for review. View "Kuusk v. Holder, Jr." on Justia Law

Petitioner, a native and citizen of Mexico, petitioned for review of the BIA's order denying his application for cancellation of removal on the ground that he failed to meet the continuous physical presence requirement of 8 U.S.C. 1229b. The BIA has held that, pursuant to In re Romalez-Alcaide, an alien's continuous physical presence terminated when he voluntarily departed the United States under threat of removal. The court concluded that, in light of the fact that section 1229b was silent as to whether an alien's voluntary departure under threat of removal terminated his continuous physical presence in the country, the BIA's interpretation of the statute was reasonable. The court concluded that petitioner failed to meet his burden of proving that he was eligible for relief and denied the petition for review. View "Garcia v. Holder, Jr." on Justia Law

Petitioners, natives and citizens of Albania, entered the U.S. in 2001 but ultimately overstayed their visas. Conceding their removability, Petitioners filed applications for asylum, withholding of removal, and protection under the Convention Against Torture, contending that if they went back to Albania, they would become a target as a result of their political beliefs and activities. The Immigration Judge (IJ) denied Petitioners' requests. The Board of Immigration Appeals (BIA) affirmed. The First Circuit Court of Appeals affirmed the BIA and the IJ's denial of the asylum claim, holding that the denial was supported by substantial evidence in the record, including evidence of a fundamental change in Albania such that Petitioners did not have a well-founded fear of future persecution. As Petitioners failed to show they were eligible for asylum, they were similarly ineligible for withholding of removal and protection under CAT. View "Vasili v. Holder" on Justia Law