Justia Immigration Law Opinion Summaries

Miguel Angel Moctezuma-Reyes, a Mexican citizen, entered the United States illegally in 2005 and has since lived in Michigan with his wife, three of his four children, and his niece. His two youngest sons are American citizens, while his wife and daughter lack legal status. Moctezuma-Reyes works in a fence factory, and his daughter is a medical assistant. Together, they support the family financially. The Department of Homeland Security initiated removal proceedings against him in 2018.An Immigration Judge denied Moctezuma-Reyes's application for cancellation of removal, concluding that he did not meet the statutory requirement of demonstrating "exceptional and extremely unusual hardship" to his qualifying relatives. The Board of Immigration Appeals (BIA) affirmed this decision, agreeing that the hardship his family would face did not meet the necessary threshold.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court held that the statutory standard of "exceptional and extremely unusual hardship" requires hardship that is significantly different from or greater than that typically associated with deportation. The court found that the financial and emotional hardships cited by Moctezuma-Reyes, while severe, were not uncommon in deportation cases. The court also noted that his daughter’s employment mitigated some financial hardship and that his sons did not have special needs that would make their situation exceptional. Consequently, the court denied the petition for review, upholding the BIA's decision. View "Moctezuma-Reyes v. Garland" on Justia Law

Broadgate, Inc. employed an H-1B visa holder who filed a complaint with the Department of Labor’s Wage and Hour Division in February 2018, alleging that Broadgate had not paid him the full wages required by the Immigration and Nationality Act. The Division’s investigation substantiated the claim and found additional violations, including failure to post required workplace notices. Consequently, the Division issued a determination letter in December 2018, finding Broadgate had willfully violated the Act, barring it from the H-1B program for two years, requiring payment of back wages, and assessing a civil penalty.Broadgate sought review before an Administrative Law Judge (ALJ), challenging only the determination regarding the workplace notices. The ALJ agreed with Broadgate, vacating the determination. However, the Department’s Administrative Review Board reversed this decision. On remand, Broadgate argued that the Division exceeded its authority by investigating violations not alleged in the original complaint. The ALJ rejected this argument, and the Review Board and the district court affirmed the Director’s imposition of fines and penalties.The United States Court of Appeals for the Sixth Circuit reviewed the case. Broadgate argued that the District Director lacked authority to issue the determination letter and that the Wage and Hour Division exceeded its authority by investigating the notice violations. The court held that the presumption of regularity applied, meaning the Director’s issuance of the letter was presumptive proof of her authority. The court also found that the Division was entitled to investigate the notice violations discovered during the investigation of the wage complaint. The court affirmed the district court’s judgment, rejecting Broadgate’s arguments. View "Broadgate, Inc v. Su" on Justia Law

Vicente David Cuenca-Arroyo, a native and citizen of Mexico, was brought to the United States as a child without being admitted or paroled. He has a minor son, B.A., who is a U.S. citizen and primarily resides with his mother but spends weekends with Cuenca-Arroyo. In 2017, the Department of Homeland Security initiated removal proceedings against Cuenca-Arroyo, charging him as inadmissible. Cuenca-Arroyo conceded the charge and was found removable by an immigration judge. He applied for cancellation of removal and voluntary departure but was denied both. He also sought a continuance to include his parents as qualifying relatives for his cancellation application, which was also denied.Cuenca-Arroyo appealed to the Board of Immigration Appeals (BIA), which affirmed the immigration judge's decisions. The BIA agreed that there was no good cause for a continuance, that the hardships to Cuenca-Arroyo's son were not "exceptional and extremely unusual," and that Cuenca-Arroyo did not merit voluntary departure based on the equities.The United States Court of Appeals for the Fifth Circuit reviewed the case. The court upheld the BIA's determination that Cuenca-Arroyo did not demonstrate the required hardship for cancellation of removal, noting that the hardships presented were common consequences of removal. The court also concluded that it lacked jurisdiction to review the BIA's discretionary decision regarding voluntary departure. Lastly, the court found that the BIA did not abuse its discretion in affirming the denial of Cuenca-Arroyo's motion for a continuance.The Fifth Circuit denied Cuenca-Arroyo's petition for review regarding the cancellation of removal and dismissed the petition regarding the voluntary departure decision. The court also upheld the BIA's decision on the continuance denial. View "Cuenca-Arroyo v. Garland" on Justia Law

Felix Jacobo Salomon-Guillen, a native of El Salvador, entered the United States in 2009 on an O-3 visa as the spouse of Lucia Parker Salomon, a recording artist who later became a naturalized citizen. Salomon-Guillen became a permanent resident and managed his wife's music career. In 2013, he began working as a marketing director for a book publisher and engaged in a fraudulent scheme that cost the company $1.4 million. He was indicted for wire fraud, pleaded guilty, and was sentenced to 18 months in prison.The government sought to remove Salomon-Guillen from the country due to his aggravated felony conviction. He conceded removability and applied for adjustment of status and an inadmissibility waiver. The immigration judge denied his applications, finding that he failed to demonstrate that his removal would cause "extreme hardship" to his wife or mother, both U.S. citizens. The judge also concluded that Salomon-Guillen did not merit a waiver or adjustment of status as a matter of discretion due to the severity of his fraud offense.The Board of Immigration Appeals (BIA) affirmed the immigration judge's decision. The BIA, with Temporary Appellate Immigration Judge Denise G. Brown participating, found that Salomon-Guillen failed to show that his wife would suffer extreme hardship if she accompanied him to El Salvador. The BIA also agreed that he did not merit a waiver or adjustment of status as a matter of discretion.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that the regulation allowing temporary Board members to serve six-month terms did not preclude their reappointment for additional terms. The court also found that it lacked jurisdiction to review the BIA's discretionary denial of the inadmissibility waiver. Consequently, the petition for review was denied in part and dismissed in part. View "Saloman-Guillen v. Garland" on Justia Law

Dagoberto Luna, a native and citizen of Mexico, entered the United States in 1997 without valid entry documents. In 2003, the Government mailed Luna a Notice to Appear (NTA) for a removal hearing, which did not specify the date and time. Subsequently, a notice of hearing (NOH) was sent to the same address, informing Luna of a hearing scheduled for November 13, 2003. Luna did not attend the hearing, and an immigration judge ordered his removal in absentia. In 2018, Luna moved to rescind the removal order, claiming he did not receive the NTA or NOH and argued the NTA was defective under Pereira v. Sessions.The immigration judge denied Luna’s motion, finding that he had not rebutted the presumption of delivery and that the notice provided in the NOH was sufficient. The judge also declined to reopen the proceedings sua sponte. Luna appealed to the Board of Immigration Appeals (BIA), which dismissed his appeal, holding that Luna had not rebutted the presumption of receipt, his motion to reopen was untimely, and he had not demonstrated exceptional hardship to his relatives.Luna petitioned the United States Court of Appeals for the Fifth Circuit for review. Initially, the court granted his petition based on the defective NTA. However, after the Supreme Court’s decision in Campos-Chaves v. Garland, the Fifth Circuit reconsidered. The court held that the defective NTA did not deprive the immigration judge of jurisdiction and that the NOH provided sufficient notice. The court also found that Luna had not rebutted the presumption of delivery of the NOH and lacked jurisdiction to review the BIA’s decision not to reopen proceedings sua sponte.The Fifth Circuit dismissed Luna’s petition in part for lack of jurisdiction and denied it in part, concluding that the BIA did not abuse its discretion. The petition for rehearing was granted. View "Luna v. Garland" on Justia Law

Janine Cavalcanti Viana Guedes and her husband, Jose Mauricio Oliveira Guedes Jr., entered the United States on B-2 nonimmigrant visas in 2017. Viana Guedes later applied for an F-1 student visa, and her husband received derivative beneficiary status. In 2019, Viana Guedes filed an I-140 petition for an EB-2 classification and sought a National Interest Waiver (NIW) to bypass the job offer requirement. USCIS initially approved her I-140 petition and NIW but later denied her adjustment of status application, citing misrepresentations and non-compliance with visa requirements.The United States District Court for the District of Massachusetts dismissed the appellants' case for lack of subject-matter jurisdiction. The court found that 8 U.S.C. § 1252(a)(2)(B) and the Supreme Court's decision in Patel v. Garland precluded judicial review of the USCIS's denial of their adjustment of status applications and the alleged revocation of Viana Guedes' I-140 petition and NIW.The United States Court of Appeals for the First Circuit reviewed the case and affirmed the district court's dismissal. The appellate court held that 8 U.S.C. § 1252(a)(2)(B)(i) barred judicial review of the USCIS's denial of the adjustment of status applications. Additionally, the court found that the alleged revocations of the I-140 petition and NIW were unreviewable under 8 U.S.C. § 1252(a)(2)(B)(ii), as these decisions were within the discretion of the Attorney General and the Secretary of Homeland Security. The court concluded that the district court correctly dismissed the appellants' claims for lack of subject-matter jurisdiction. View "Viana Guedes v. Mayorkas" on Justia Law

The petitioners, Fidel Angel Lopez Quinteros, Evelyn de Los Angeles Polanco Ortiz, and their minor child A.A.L.P., are natives and citizens of El Salvador. They were issued Notices to Appear by the U.S. Department of Homeland Security in 2021, charging them with being present in the United States without admission or parole. The petitioners conceded their removability and applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). A.A.L.P. was listed as a derivative beneficiary on Lopez's application. The petition for review challenges only the denial of their asylum applications.The Immigration Judge (IJ) found Lopez and Polanco's testimonies credible but denied their applications for asylum, withholding of removal, and CAT protection. The IJ concluded that the gang's threats were motivated by financial gain rather than the petitioners' membership in particular social groups. The Board of Immigration Appeals (BIA) affirmed the IJ's decision on asylum and withholding of removal and deemed the CAT claims waived as they were not meaningfully challenged.The United States Court of Appeals for the First Circuit reviewed the case. The court denied the petitioners' claim that the BIA erred by not remanding to correct the hearing transcript, as this issue was not exhausted before the BIA. The court also found no merit in the petitioners' contention that the agency failed to engage in a proper mixed-motive analysis. However, the court held that the BIA's finding of no nexus between Polanco's persecution and her familial relationship to Lopez was not supported by substantial evidence. The court concluded that Polanco's family status was a central reason for the gang's threats against her. Consequently, the court denied the petition in part, granted it in part, and remanded for further proceedings consistent with its opinion. View "Lopez-Quinteros v. Garland" on Justia Law

Chrisma Felin Mondzali Bopaka, a citizen of the Republic of the Congo, entered the United States without valid entry documents on August 23, 2018. He sought asylum, withholding of removal (WOR), and protection under the Convention Against Torture (CAT), claiming persecution based on his political opinion and family membership. Bopaka alleged that his family was targeted due to his father's opposition to the government, and he feared harm if returned to the Congo.The Immigration Judge (IJ) found Bopaka not credible due to numerous inconsistencies and omissions in his testimony, declaration, and documentary evidence. The IJ denied his applications for asylum, WOR, and CAT protection, concluding that Bopaka failed to meet his burden of proof. The Board of Immigration Appeals (BIA) affirmed the IJ's decision, finding no error in the adverse credibility determination and insufficient corroborating evidence. The BIA also denied Bopaka's motions to remand and reopen, citing a lack of new, material evidence that could change the outcome.The United States Court of Appeals for the First Circuit reviewed the case and upheld the BIA's decision. The court found substantial evidence supporting the IJ's and BIA's adverse credibility determination, noting significant inconsistencies and omissions in Bopaka's accounts. The court also agreed with the BIA's assessment that the new evidence presented in the motions to remand and reopen was insufficient to alter the previous findings. Consequently, the petitions for review were denied. View "Mondzali Bopaka v. Garland" on Justia Law

Amina Bouarfa, a U.S. citizen, filed a visa petition with the U.S. Citizenship and Immigration Services (USCIS) for her noncitizen spouse, Ala’a Hamayel. Initially, USCIS approved the petition. However, two years later, USCIS issued a Notice of Intent to Revoke the approval based on evidence suggesting that Hamayel had previously entered into a sham marriage to evade immigration laws. Despite Bouarfa's denial of the allegations, USCIS revoked the petition approval under the Secretary of Homeland Security's authority to revoke for "good and sufficient cause." The Board of Immigration Appeals affirmed the revocation.Bouarfa challenged the revocation in federal court, arguing that the agency's decision was arbitrary and capricious. The District Court dismissed the suit, holding that 8 U.S.C. §1252(a)(2)(B)(ii) barred judicial review of the agency's discretionary decisions. The Eleventh Circuit Court of Appeals affirmed the District Court's decision, agreeing that the Secretary's revocation authority under 8 U.S.C. §1155 was discretionary and thus not subject to judicial review.The Supreme Court of the United States reviewed the case and held that the revocation of an approved visa petition under §1155, based on a sham-marriage determination, is a discretionary decision falling within the purview of §1252(a)(2)(B)(ii). This statute strips federal courts of jurisdiction to review certain discretionary actions by the agency. The Court affirmed the judgment of the Eleventh Circuit, concluding that the Secretary's decision to revoke the visa petition was indeed discretionary and not subject to judicial review. View "Bouarfa v. Mayorkas" on Justia Law

Plaintiffs, a group of companies, sought refunds for H-1B visa petitions they filed on behalf of their foreign national employees who were already in the United States under a different nonimmigrant classification. They argued that the enhanced fees imposed by the government for these petitions were not applicable to change of status petitions, which involve nonimmigrants already in the U.S.The United States Court of Federal Claims granted summary judgment in favor of the government, rejecting the plaintiffs' argument. The court found that the statutory language did not exclude change of status petitions from the enhanced fees. The court interpreted the phrase "application for admission as a nonimmigrant under [H-1B], including an application for an extension of such status" to include change of status petitions, as these petitions are a sub-category of initial grant petitions.The United States Court of Appeals for the Federal Circuit reviewed the case and affirmed the lower court's decision. The appellate court held that the statutory language "an application for admission as a nonimmigrant under [H-1B], including an application for an extension of such status" does not exclude change of status petitions. The court reasoned that a strict application of the statutory definitions would render part of the statute meaningless and that the ordinary meaning of the phrase includes change of status petitions. The court also noted that this interpretation aligns with longstanding USCIS practice and the legislative intent behind the statute. As a result, the plaintiffs' claim for a refund was denied, and the government's imposition of the enhanced fees was upheld. View "Itserve Alliance, Inc. v. United States" on Justia Law