Articles Posted in Immigration Law

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The First Circuit affirmed the district court's denial of Defendant's motion to dismiss and motion to suppress, which Defendant filed before he was convicted of legal reentry after removal from the United States, holding that the district court did not err in not dismissing Defendant's indictment for delay in presentment or in not suppressing information that law enforcement had gathered about Defendant, including his identity. Defendant was a passenger in a van that was stopped for seatbelt violations. A Maine State Trooper who conducted the stop contacted an Immigration and Customs Enforcement (ICE) officer for help identifying the passengers, several of whom did not appear to speak English. When he was asked for his identification, Defendant produced a consular ID card. ICE officers ran the card through ICE databases and determined that Defendant was suspected of illegal reentry. Defendant was subsequently convicted of illegally entering the United States after removal. The First Circuit affirmed, holding (1) because Defendant made his initial appearance just as the criminal process was initiated, there was no unnecessary delay before his initial appearance and so no violation of Fed. R. Crim. P. 5(a); and (2) the district court properly denied Defendant's motion to suppress. View "United States v. Garcia-Zavala" on Justia Law

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The First Circuit denied Petitioner’s petition seeking review of an order by the Board of Immigration Appeals (BIA) denying her motion to reopen removal proceedings based on changed country conditions within Kenya, holding that the BIA did not abuse its discretion. In 2013, Petitioner was first ordered removed to Kenya. In 2016, Petitioner sought to reopen proceedings, arguing that conditions within Kenya had changed since her prior removal proceedings and now supported a claim for asylum. An immigration judge (IJ) denied the motion. The BIA affirmed. The First Circuit affirmed, holding that there was no abuse of discretion in the agency’s finding that Petitioner failed to establish changed country conditions. View "Wanjiku v. Barr" on Justia Law

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The First Circuit denied Petitioner’s petition for judicial review of the decision of the Board of Immigration Appeals (BIA) denying Petitioner’s untimely filed motion to reopen, holding that the BIA did not abuse its discretion in denying the motion to reopen and declining to equitably toll the deadline. Petitioner, a Guatemalan native and citizen, was charged with removability. An immigration judge (IJ) denied Petitioner’s application for withholding of removal. The BIA affirmed. Nearly seven years after the BIA denied his appeal, Petitioner filed motion to reopen, arguing that he had received ineffective assistance of counsel. The BIA denied the motion as time-barred and declined Petitioner’s invitation to equitably toll the deadline. The First Circuit affirmed, holding that the BIA neither committed a material error of law nor acted arbitrarily, capriciously, or irrationally. View "Tay-Chan v. Barr" on Justia Law

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The First Circuit denied Petitioner’s petition for review of the order of the Board of Immigration Appeals (BIA) upholding the immigration judge’s (IJ) denial of Petitioner’s application for both withholding of removal and protection under the Convention Against Torture (CAT), holding that the BIA’s decision was supported by substantial evidence. Specifically, the BIA ruled that the only social group to which Petitioner claimed to belong was not a social group that was statutorily protected and that Petitioner was not entitled to protection under the CAT. The First Circuit affirmed, holding that Petitioner’s challenges to the BIA’s decision failed. View "Agustin v. Whitaker" on Justia Law

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The First Circuit denied Petitioner’s petition for review of the decision of the Board of Immigration Appeals (BIA) reversing the order of an immigration judge (IJ) granting Petitioner cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act, holding that the “persecutor bar” - which disqualifies certain persons from immigration relief - does not require a showing that the alien shared the motive of the persecutors whom he assisted. Petitioner, a Salvadoran native and citizen, conceded that he stood guard for his superiors while they engaged in an act of persecution but argued that he acted without a personal motive to persecute. In granting Petitioner cancellation of removal, the IJ concluded that the persecutor bar did not apply to Petitioner because he lacked a motive to persecute. The BIA reversed, determining that the persecutor bar was applicable despite Petitioner’s lack of such a motive. The First Circuit affirmed, holding that the persecutor bar does not require a showing that the applicant shared the motive of the persecutors whom he or she assisted. View "Alvarado v. Whitaker" on Justia Law

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The First Circuit denied Petitioner’s petition for review seeking to appeal an order of the Board of Immigration Appeals (BIA) denying Petitioner’s motion to reopen his immigration proceedings as untimely, holding that the BIA did not abuse its discretion in rejecting Petitioner’s equitable tolling argument. Petitioner’s motion to reopen was filed outside the ninety-day limitations period set forth by statute and regulation. The BIA denied the motion to reopen as untimely. Specifically, the BIA found that Petitioner had not exercised the due diligence required by case law, and thus the ninety-day limitations period for filing such a motion could not be equitably tolled. The First Circuit affirmed the BIA’s denial of Petitioner’s motion to reopen, holding that, even assuming that equitable tolling could apply to motions to reopen, Petitioner failed to show that he acted with the diligence required to obtain such relief. View "Medina v. Whitaker" on Justia Law

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The First Circuit denied Petitioner’s petition seeking judicial review of a decision of the Board of Immigration Appeals (BIA) denying her motion to reopen removal proceedings, holding that the BIA did not commit an error of law or abuse its wide discretion. After the Department of Homeland Security initiated removal proceedings against Petitioner and the case was remanded, an immigration judge (IJ) ultimately denied Petitioner’s motion to suppress, ordered Petitioner removed, and granted voluntary departure. The BIA upheld the IJ’s decision. Petitioner filed a motion to reopen, arguing that changed conditions in Mexico made her newly eligible for asylum. The BIA denied the motion to reopen. The First Circuit affirmed, holding that the BIA did not abuse its discretion in denying the motion to reopen. View "Garcia-Aguilar v. Sessions" on Justia Law

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The First Circuit denied and dismissed Petitioner’s petition challenging the Board of Immigration Appeals’s (BIA) denial of her motion to reopen and the BIA’s decision not to exercise its sua sponte authority to reopen her case to grant her request for an adjustment of status, holding that Petitioner was not entitled to relief. Specifically, the First Circuit held (1) Petitioner’s petition for review was denied as to her challenge to the BIA’s determination that the motion to reopen was untimely; and (2) because Petitioner had no colorable constitutional or legal claim on which the Court might base jurisdiction, the petition was dismissed for lack of jurisdiction as to Petitioner’s challenge to the BIA’s decision not to exercise its authority to reopen sua sponte. View "Gyamfi v. Whitaker" on Justia Law

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The First Circuit denied Petitioner’s appeal of an order of the Board of Immigration Appeals (BIA) denying her request for deferral of removal under the United Nations Convention Against Torture (CAT), holding holding that the BIA’s factual determinations were supported by reasonable, substantial and probative evidence on the record. Petitioner, a native and citizen of the Dominican Republic, sought deferral of removal under the CAT, basing her claim on domestic abuse that she suffered at the hands of her partner of fifteen years. An immigration judge (IJ) found Petitioner to be credible in describing her abuse and granted deferral of removal. The BIA reversed the IJ’s determination, noting that the IJ applied an incorrect legal standard. The BIA then concluded that Petitioner did not meet her burden of establishing that the government had acquiesced in her harm or would be more likely than not to do so if she were to return. The First Circuit affirmed, holding that the BIA did not err in finding that Petitioner had not established that the government would acquiesce in her harm upon removal. View "Ruiz-Guerrero v. Whitaker" on Justia Law

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The First Circuit denied Petitioner’s petition seeking judicial review of an order of the Board of Immigration Appeals (BIA) dismissing his application for asylum, holding that substantial evidence supported the BIA’s determination that Petitioner was not entitled to asylum. Petitioner premised his asylum application on a claim that he had been persecuted in the past, and feared future persecution, by gang members on account of of his political opinion and/or membership in a particular social group. The immigration judge (IJ) rejected Petitioner’s request for asylum. The BIA upheld the IJ’s findings, determining that Petitioner had failed to establish a nexus between the harm that he described and any statutorily protected ground for asylum status. The First Circuit denied Petitioner’s petition for judicial review, holding that Scatambuli v. Holder, 558 F.3d 53, 59 (1st Cir. 2009), controlled the outcome of this case, requiring that this Court uphold the BIA’s determination. View "Mendez v. Sessions" on Justia Law