Justia U.S. 1st Circuit Court of Appeals Opinion Summaries

The First Circuit affirmed in part and vacated in part the declaratory judgment and permanent injunction issued by the district court in this class action challenging the bond procedures used to detain noncitizen during the pendency of removal proceedings under 8 U.S.C. 1226(a), the discretionary immigration detention provision, holding that the district court lacked jurisdiction to issue injunctive relief in favor of the class.Specifically, the First Circuit held (1) the district court did not err in declaring that noncitizens "detained pursuant to 8 U.S.C. 1226(a) are entitled to receive a bond hearing at which the government must prove the alien is either dangerous by clear and convincing evidence or a risk of flight by a preponderance of the evidence"; (2) the classwide injunction in this case unlawfully enjoined or restrained the operation of section 1226(a); and (3) the remaining portion of the district court's declaration was advisory. View "Pereira Brito v. Garland" on Justia Law

The First Circuit denied the petition filed by Petitioner, a native and citizen of Haiti, seeking review of an order of the Board of Immigration Appeals (BIA) that affirmed the denial of Petitioner's application for protection under the Convention Against Torture (CAT), holding that Petitioner's claims failed.After Petitioner was served with a notice to appear alleging that he was subject to removal, Petitioner filed an application for asylum, withholding of removal, and protection under the CAT. An immigration judge (IJ) denied Petitioner's application. The BIA affirmed and adopted the IJ's determination. The First Circuit affirmed, holding that the lower courts did not err in finding that Petitioner failed to show that it was more likely than not that he would be tortured in Haiti if he returned. View "Bonnet v. Garland" on Justia Law

The First Circuit granted in part and denied in part Petitioner's petition for review of the decisions of the Board of Immigration Appeals (BIA) determining that Petitioner's previous conviction constituted a "particularly serious crime" making him ineligible for withholding of removal and denying his application for deferral of removal under the Convention Against Torture (CAT), holding that the BIA erred in part.The lower agencies found that Petitioner's conviction for possession of oxycodone with intent to distribute in violation of Mass. Gen. Laws ch. 94C, 32A(a) was a particularly serious crime rendering him ineligible for withholding of removal and denied his application for deferral of removal under the CAT. The First Circuit denied Petitioner's petition for review insofar as he sought CAT relief but granted the petition in part because the immigration judge informed Petitioner that he was eligible for potential relief only under the CAT and treated Petitioner's conviction for drug trafficking as if it were a per se bar to withholding of removal. The First Circuit remanded the case to the BIA with instructions to give Petitioner a new hearing to determine whether he was entitled to withholding of removal. View "De Carvalho v. Garland" on Justia Law

The First Circuit dismissed one of the claims in Petitioner's petition for review of the decision of the Board of Immigration Appeals (BIA) dismissing Petitioner's challenges to the denial of his asylum and withholding of removal claims and denied the others, holding that Petitioner was not entitled to relief.An immigration judge denied Petitioner's applications for asylum, withholding of removal, cancellation of removal, protection under the United Nations Convention Against Torture and voluntary departure. The BIA dismissed Petitioner's appeal. The First Circuit affirmed, holding (1) this Court lacked jurisdiction to consider Petitioner's first claim on appeal because Petitioner failed to exhaust his administrative remedies; (2) the BIA's decision on Petitioner's political opinion claim was supported by substantial evidence; and (3) Petitioner's withholding of removal claim failed because his asylum claim failed. View "Gomes v. Garland" on Justia Law

The First Circuit denied the petition for judicial review sought by Petitioner in this case and upheld the order of removal against him, holding that the Agency's denial of asylum and other relief was supported by substantial evidence in the record.Petitioner conceded removability and cross-appleid for asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge (IJ) denied Petitioner's application for relief and ordered him removed to Rwanda. The Board of Immigration Appeals upheld the IJ's decision, ruling that the IJ's adverse credibility determination was not clearly erroneous. The First Circuit affirmed, holding that the denial of Petitioner's claim for asylum was supported by substantial evidence, ending this Court's inquiry. View "Mashilingi v. Garland" on Justia Law

The First Circuit affirmed the ruling of the district court that there was no per se constitutional entitlement to a bond hearing after six months of detention and otherwise vacated the district court's declaratory and injunctive relief, holding that it was advisory.Petitioners brought this class action on behalf of noncitizen detainees held without possibility of release pending the completion of their removal proceedings. On remand, Petitioners alleged that mandatory detention of the class members under 8 U.S.C. 1226(c) for more than six months violated the Fifth Amendment Due Process Clause or the Eighth Amendment excessive Bail Clause. The district court ruled that there was no per se constitutional entitlement to a bond hearing after six months of detention but that the length of time that might constitutionally pass without a bond hearing turned on each noncitizen's individual circumstances. The court then issued declaratory and injunctive relief in favor of all class members. The First Circuit held (1) the district court properly rejected the claim that persons detained for six months under section 1226(c) are automatically entitled to a bond hearing; and (2) the district court improperly granted binding equitable relief. View "Reid v. Donelan" on Justia Law

The First Circuit vacated the judgment of the Board of Immigration Appeals (BIA) dismissing Appellant's appeal from a decision of an immigration judge (IJ) ordering him removed from the United States, holding that the BIA failed to address Appellant's request to apply equitable tolling in assessing whether her appeal was timely.Appellant, a native and citizen of Jamaica, applied for asylum, withholding of removal, and protection under the United Nations Convention Against Torture. The IJ denied Appellant's requests for relief and ordered her removed to Jamaica. In the midst of the newly-announced health emergency occasioned by the COVID-19 pandemic, Appellant missed the deadline to appeal the IJ's removal order. The BIA summarily dismissed Appellant's appeal as untimely. The First Circuit vacated the BIA's order of dismissal, holding that the BIA erred by failing to consider Appellant's request for equitable tolling in deciding whether her appeal was timely. View "James v. Garland" on Justia Law

The First Circuit vacated the order of the Board of Immigration Appeals (BIA) that affirmed the denial of Appellant's application for withholding of removal and protection under the Convention Against Torture (CAT), holding that the BIA's affirmance of the immigration judge's (IJ) finding of adverse credibility did not hold up.After a hearing, the IJ issued an oral decision denying Appellant's claims, finding that Appellant was not a credible witness in terms of crucial aspects of his claim and his lack of credibility was ultimately fatal to his argument that he had suffered past persecution. The BIA affirmed. The First Circuit vacated the BIA's order, holding that the BIA's affirmance of the IJ's adverse credibility finding could not be sustained, and therefore, the BIA's rulings could also not be sustained. View "Lopez Troche v. Garland" on Justia Law

The First Circuit affirmed the decision of the district court granting Appellee's petition for a writ of habeas corpus and ordering the immigration judge (IJ) to conduct a new bond hearing, holding that the district court did not err in concluding that Appellee was entitled to a new hearing.Appellee was detained under 8 U.S.C. 1226(a) and was denied bond at a hearing before an IJ, who placed the burden on Appellee to prove he was neither a danger to the community nor a flight risk. Appellee subsequently petitioned for a writ of habeas corpus, arguing that his constitutional due process right required the government - not him - to bear the burden of proof at his bond hearing. The district court agreed and ordered the IJ to conduct a new bond hearing at which the government would bear the burden of proof. The First Circuit affirmed, holding that Appellee was entitled to a new hearing before an IJ at which the government will bear the burden of proving either dangerousness or a flight risk in order to continue detaining Appellee. View "Doe v. Tompkins" on Justia Law

The First Circuit affirmed in part and reversed in part the order of the district court granting Petitioner's petition for a writ of habeas corpus and ordering the immigration judge (IJ) to conduct a second bond hearing, holding that remand was required.Petitioner, who entered the United States without being admitted or paroled, was arrested and detained pending a determination of her removability. Petitioner was subsequently denied bond at a hearing in which the IJ placed the burden on Petitioner to prove that she was neither a danger to the community nor a flight risk. The district court ordered the IJ to conduct a second bond hearing at which the government bore the burden of proving by clear and convincing evidence that Petitioner was either a danger or a flight risk. After a second hearing, the IJ released Petitioner on bond. The First Circuit affirmed in part and reversed in part, holding (1) the government need not prove a detainee's flight risk by clear and convincing evidence; and (2) the judgment is otherwise affirmed. View "Hernandez-Lara v. Lyons" on Justia Law