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

The First Circuit vacated the order of the Board of Immigration Appeals (BIA) affirming the order of the immigration judge (IJ) denying Petitioner's application for withholding of removal, holding that the IJ and BIA made legal errors.Petitioner, a native and citizen of Honduras, twice entered the United States without authorization. After the government ordered Petitioner removed to Honduras, Petitioner filed an application for withholding of removal. The IJ denied the motion. The BIA affirmed and denied Petitioner's motion to reopen and remand. The First Circuit vacated the removal order and remanded the case to the BIA for further proceedings, holding (1) the BIA erred in dismissing Petitioner's appeal based on her failure to corroborate; and (2) the BIA erred in finding that Petitioner did not adequately apply for relief under the Convention Against Torture. View "Molina-Diaz v. Rosen" on Justia Law

The First Circuit vacated the order of the Board of Immigration Appeals (BIA) affirming the determination of an immigration judge (IJ) that Petitioners, a husband and wife who were natives and citizens of Brazil, were not eligible for an adjustment of status pursuant to the "grandfathering" provisions of section 245(i) of the Immigration and Nationality Act (INA), holding that the BIA and IJ did not appropriately focus their inquiry.On appeal, Petitioners argued that the BIA applied incorrect standards in determining that a labor certification application (LCA) filed on behalf of the petitioner husband was not "approvable when filed" and erred in denying their motion to remand. The First Circuit held (1) determining whether an LCA is approvable when filed requires a holistic inquiry that is not a license to deny grandfathering based on any perceived shortcoming in an LCA; and (2) the IJ and BIA did not keep their focus on that inquiry in the course of their evaluation of the petitioner's LCA. View "Oliveira v. Wilkinson" on Justia Law

The First Circuit denied Petitioner's petition for judicial review seeking to set aside the decision of the Board of Immigration Appeals (BIA) affirming the denial of his application for asylum, withholding of removal, and other relief, holding that the BIA's decision must be upheld.On appeal, Petitioner's principal assignment of error challenged the denial of his asylum claim. Petitioner specifically argued against the adverse credibility determination of the immigration judge (IJ), which the BIA upheld. The First Circuit denied the petition for review, holding (1) the IJ's adverse credibility determination was supported by substantial evidence in the record, and therefore, the BIA's denial of Petitioner's asylum claim must be upheld; (2) because Petitioner failed to satisfy the standard required for asylum, his claim for withholding of removal necessarily failed; and (3) Petitioner's claim for CAT protection is deemed abandoned. View "Zaruma-Guaman v. Wilkinson" on Justia Law

In this civil action brought by plaintiffs seeking to enjoin policies governing searches of electronic devices at the United States' borders, the First Circuit found no violations of either the Fourth Amendment or the First Amendment.The border search policies challenged her allow border agents to perform basic searches of electronic devices without reasonable suspicion and advanced searches with reasonable suspicion. The First Circuit joined the Eleventh Circuit in holding that advanced searches of electronic devices at the border do not require a warrant or probable cause and joined the Ninth and Eleventh Circuits in holding that basic border searches of electronic devices are routine searches that may be performed without reasonable suspicion. The Court then affirmed in part, reversed in part and vacated in part the judgment of the district court, holding that the court erred in narrowing the scope of permissible searches of electronic devices at the border. View "Alasaad v. Wolf" on Justia Law

The First Circuit granted Petitioner's petition for review of the Board of Immigration Appeals' (BIA) denial of his motion to reopen his removal proceedings and to remand to the immigration judge (IJ) for further consideration, holding that the BIA abused its discretion.Petitioner sought reconsideration due to the fact that he had been placed on a waiting list by the United States Citizenship and Immigration Services (USCIS) for a U-1 nonimmigrant visa pursuant to the Victims of Trafficking and Violence Protection Act (VTVPA), 8 U.S.C. 1101(a)(15)(U). In denying Petitioner's motion to reopen his removal proceedings, the BIA gave two reasons for its denial. The First Circuit reversed and remanded the case, holding that the BIA abused its discretion because it failed to render a reasoned decision that accords with its own precedent and policies and failed to consider the position of the Immigration and Customs Enforcement. View "Benitez v. Wilkinson" on Justia Law

The First Circuit vacated and remanded the ruling of the Board of Immigration Appeals (BIA) denying Petitioner's claims for asylum and withholding of removal, holding that substantial evidence did not support the BIA's finding that Petitioner lacked a reasonable basis for his fear of being harmed on account of his membership in a particular social group.Petitioner, an Iraqi citizen, sought relief from removal on the grounds of asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT). Petitioner asserted that he feared he would be subjected to harm in Iraq at the hands of members of Iraq's military or civilian insurgents in Iraq on account of his work as a paid contractor for the United States Army during the war in Iraq. The BIA denied all claims. The First Circuit vacated the BIA's decision in part, holding (1) the record evidence failed to support the BIA's affirmance of the immigration judge's finding that Petitioner did not sufficiently show that he had an objectively reasonable basis for fearing that he would face harm in Iraq; and (2) the BIA properly denied Petitioner's claim for relief under the CAT. View "Al Amiri v. Rosen" on Justia Law

The First Circuit affirmed the judgment of the district court granting Petitioner's habeas corpus petition after the Dominican Republic requested Petitioner for extradition, holding that the United States failed to file the necessary documents to support an extradition request.Upon receipt and review of the Dominican Republic's request to extradite Petitioner, the United States filed an extradition compliant. A federal magistrate judge certified Petitioner as eligible for extradition. Petitioner filed a petition for writ of habeas corpus, arguing that the Dominican Republic failed to provide the required documentation in its extradition request and that his extradition would violate the United Nations Convention Against Torture (CAT) because the Board of Immigration Appeals (BIA) had previously found that he qualified for CAT relief. The district court granted relief, finding both that the extradition was barred by the BIA's CAT determination and that the extradition request did not satisfy the documentary requirements of the Dominican Republic-United States Extradition Treaty. The First Circuit affirmed, holding (1) the district court erroneously determined that the United States was bound by the BIA's prior determination awarding Petitioner CAT relief; but (2) the district court properly found that the documentation was insufficient to support an extradition request under the treaty. View "Aguasvivas v. Pompeo" on Justia Law

The First Circuit denied Petitioner's petition for review of a final order of removal issued by the Board of Immigration Appeals (BIA) dismissing Petitioner's appeal from the decision of an immigration judge (IJ) denying Petitioner's request for withholding of removal under section 241(b)(3) of the Immigration and Nationality Act, 8 U.S.C. 1231(b)(3), holding that Petitioner was not entitled to relief.Petitioner, a native and citizen of Honduras, sought withholding of removal under the Convention Against Torture and withholding of removal. The IJ denied the petition for withholding of removal, concluding that Petitioner failed to sustain his burden of showing that he was targeted on account of family membership, a protected ground. The BIA affirmed. The First Circuit affirmed, holding that there was substantial evidence to support the BIA's decision because Petitioner failed to establish the required nexus between his treatment by the police and his membership in a particular social group - his immediate family. View "Ruiz Varela v. Barr" on Justia Law

The First Circuit denied Petitioner's challenge to an order of the Board of Immigration Appeals (BIA) denying her applications for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT), holding that Petitioner was not entitled to relief on her claims.Specifically, the First Circuit held (1) the evidence in the record did not compel a finding that Petitioner was or will be persecuted because she was a Guatemalan woman, and therefore, Petitioner failed to establish that she was eligible for asylum; and (2) because Petitioner failed to establish her eligibility for asylum, her claims for withholding of removal and protection under the ACT necessarily failed to meet the more stringent standards. View "Pojoy-De Leon v. Barr" on Justia Law

The First Circuit denied Petitioner's petition for review of the decision of the Board of Immigration Appeals (BIA) denying his applications for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT), holding that Petitioner was not entitled to relief.After the Department of Homeland Security initiated removal proceedings against him Petitioner conceded removability but cross-applied for asylum, withholding of removal, and protection under CAT. The immigration judge denied the petition, determining, as relevant to this appeal, that Petitioner suffered no persecution and that any alleged persecution was not caused by his membership in a particular social group. The BIA affirmed. The First Circuit affirmed, holding that Petitioner's claim failed because he did not prove a nexus between the alleged persecution and a statutorily protected ground. View "Marquez-Paz v. Barr" on Justia Law