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

Gleysi Idalia Diaz-Valdez, a Guatemalan national, entered the United States in May 2019 and applied for asylum, withholding of removal, and protection under the Convention Against Torture, citing persecution by gang members in Guatemala. An immigration judge (IJ) denied her requests on August 6, 2021. Diaz attempted to appeal the IJ's decision to the Board of Immigration Appeals (BIA) by sending her Notice of Appeal via FedEx's next-day delivery service on September 4, 2021, expecting it to arrive by the September 7 deadline. However, FedEx delivered the package on September 8, resulting in the BIA summarily dismissing her appeal as untimely.Diaz then requested the BIA to accept her late filing, arguing that FedEx's failure to deliver on time warranted equitable tolling of the appeal deadline. The BIA construed her request as a motion to reconsider its summary dismissal but denied the motion, stating that there was insufficient evidence to prove that Diaz had delivered the appeal to FedEx on September 4 and that the federal holiday was not an extraordinary circumstance.The United States Court of Appeals for the First Circuit reviewed the BIA's decision. The court found that the BIA applied the incorrect legal standard by disregarding the representation of Diaz's counsel and failing to consider supporting evidence, such as the FedEx label and tracking information. The court also held that the BIA abused its discretion by not applying its own precedent from Matter of Morales-Morales, which allows for equitable tolling when a guaranteed delivery service fails to fulfill its guarantee.The First Circuit granted Diaz's petition, vacated the BIA's order, and remanded the case for further proceedings consistent with its opinion, instructing the BIA to reevaluate Diaz's diligence and the extraordinary circumstances under the correct legal standards. View "Diaz-Valdez v. Garland" on Justia Law

Gerson Adonay Cortez-Mejia, his wife, and their two minor children, all natives and citizens of El Salvador, petitioned for judicial review of a final order of removal issued by the Board of Immigration Appeals (BIA). They sought asylum, withholding of removal, and relief under the United Nations Convention Against Torture (CAT), claiming fear of persecution by rival gangs in El Salvador. The Immigration Judge (IJ) found the petitioners credible but denied their applications, determining they had not demonstrated past persecution or a well-founded fear of future persecution on account of a protected ground. The IJ also found they failed to establish eligibility for withholding of removal and CAT protection.The BIA affirmed the IJ's decision, agreeing that the petitioners' experiences did not rise to the level of past persecution and that they had not established a well-founded fear of future persecution linked to a protected ground. The BIA also noted the petitioners had not articulated a cognizable particular social group and had not meaningfully pursued their CAT claims.The United States Court of Appeals for the First Circuit reviewed the case, focusing on the BIA's decision. The court found that the BIA's determinations were supported by substantial evidence. The court noted that the petitioners' fear of gang violence was generalized and not linked to a protected ground. The court also upheld the BIA's finding that the petitioners had not established a cognizable particular social group. Consequently, the court denied the petition for judicial review, affirming the BIA's decision to deny asylum, withholding of removal, and CAT protection. View "Cortez-Mejia v. Garland" on Justia Law

Douglas Humberto Urias-Orellana, a native and citizen of El Salvador, along with his wife Sayra Iliana Gamez-Mejia and their minor child, petitioned for review of a Board of Immigration Appeals (BIA) order affirming the Immigration Judge's (IJ) denial of their asylum requests. Urias-Orellana also sought review of the denial of his application for protection under the Convention Against Torture (CAT). The denials were based on the grounds that the petitioners did not demonstrate harm rising to the level of persecution for asylum or withholding of removal and did not show they could not reasonably relocate within El Salvador. Additionally, Urias-Orellana did not prove it was likely he would face torture with the consent or acquiescence of a public official.The IJ found Urias-Orellana's testimony credible but concluded that the threats and assault he experienced did not amount to past persecution. The IJ also determined that the petitioners did not meet their burden of showing a reasonable fear of future persecution, noting that Urias-Orellana's relatives lived unharmed in El Salvador and that he had successfully relocated within the country without facing harm. The IJ further found that Urias-Orellana's CAT claim failed because he did not report his harassment to the police and did not demonstrate that doing so would be futile.The BIA affirmed the IJ's decision, agreeing that the threats and assault did not constitute persecution and that the petitioners had not shown that internal relocation would be unreasonable. The BIA also upheld the IJ's finding that Urias-Orellana had not shown he qualified for CAT relief, noting his failure to report the mistreatment to the authorities.The United States Court of Appeals for the First Circuit reviewed the case and denied the petition for judicial review. The court held that substantial evidence supported the Agency's conclusions that the petitioners did not demonstrate past persecution or a well-founded fear of future persecution and that Urias-Orellana did not meet the burden for CAT protection. View "Urias-Orellana v. Garland" on Justia Law

An Ecuadorian woman, along with her minor daughter, entered the United States in June 2021, fleeing domestic abuse by her former partner, Fausto. She applied for asylum, arguing that Ecuadorian authorities would not protect her from Fausto. The Department of Homeland Security initiated removal proceedings against her and her daughter. At a hearing, she conceded inadmissibility and applied for asylum. She testified about the abuse and an incident where neighbors called the police, who wanted to arrest Fausto, but she asked them not to due to fear of retaliation. She never reported Fausto to Ecuadorian authorities and eventually separated from him, moving to the U.S. with him and their daughter.An Immigration Judge (IJ) denied her asylum application, finding that she did not demonstrate past persecution or a well-founded fear of future persecution. The IJ noted that the violence was not connected to government action or inaction, as the petitioner never reported Fausto to the police, and the police had shown willingness to arrest him. The IJ also found that the petitioner did not have an objectively reasonable fear of future persecution, given her continued interactions with Fausto in the U.S. and her testimony that no one in Ecuador would harm her.The Board of Immigration Appeals (BIA) affirmed the IJ's decision, agreeing that the petitioner failed to show that the Ecuadorian government was unwilling or unable to protect her. The BIA also upheld the IJ's finding that the petitioner did not have a well-founded fear of future persecution, as Fausto's return to Ecuador was speculative and there was no evidence of a pattern or practice of persecution against Ecuadorian women.The United States Court of Appeals for the First Circuit reviewed the case and denied the petition for review. The court held that the BIA's determinations were supported by substantial evidence, including the petitioner's failure to report the abuse and the police's willingness to arrest Fausto. The court also found that the petitioner did not demonstrate a well-founded fear of future persecution or a pattern or practice of persecution against Ecuadorian women. View "Medina-Suguilanda v. Garland" on Justia Law

Akeish Johnioy Morgan, a Jamaican national, entered the United States illegally on June 11, 2022. Prior to his entry, a Jamaican justice of the peace issued a warrant for his arrest on charges of murder, unlawful possession of a firearm, and wounding with intent. Morgan sought review of a Board of Immigration Appeals (BIA) order dismissing his appeal from an Immigration Judge's (IJ) denial of his applications for asylum, statutory withholding of removal, and relief under the Convention Against Torture (CAT).The IJ found Morgan ineligible for asylum, statutory withholding, and CAT withholding due to the warrants issued against him in Jamaica, concluding there were serious reasons to believe he committed a serious nonpolitical crime. The BIA affirmed this decision, agreeing that the warrants and supporting evidence barred Morgan's eligibility for non-CAT deferral relief. The BIA also upheld the IJ's determination that Morgan was ineligible for CAT deferral, finding that the beatings Morgan claimed to have suffered did not constitute past torture and that he failed to demonstrate a sufficient likelihood of future torture upon his return to Jamaica.The United States Court of Appeals for the First Circuit reviewed the case. The court upheld the agency's serious-nonpolitical-crime finding, agreeing it was supported by substantial evidence, thus sustaining Morgan's ineligibility for asylum, statutory withholding, and CAT withholding. However, the court found that the agency's likelihood-of-future-torture finding, which determined Morgan's ineligibility for CAT deferral, was based on an erroneously narrow legal definition of torture. Consequently, the court granted Morgan's petition in part, vacating the CAT deferral determination and remanding the case to the BIA to reassess the likelihood of future torture using the correct legal definition. View "Morgan v. Garland" on Justia Law

The petitioner, a Guatemalan national, entered the United States on a tourist visa in January 2000 and overstayed. In April 2018, he applied for asylum, citing his dangerous job as a bodyguard for a congressman in Guatemala and fear of extortion and threats from gang members. Removal proceedings were initiated against him, and he conceded removability but cross-applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). His application mentioned only one entry into the U.S. and claimed ignorance of the one-year filing requirement for asylum.An Immigration Judge (IJ) held a hearing in December 2018, where the petitioner testified about his fears of returning to Guatemala. The IJ found the petitioner not credible due to inconsistencies between his oral testimony and written application, such as unlisted entries into the U.S. and unmentioned incidents of threats. The IJ also noted the petitioner's use of false documentation and legal violations in the U.S. The IJ found no extraordinary circumstances to excuse the late asylum application and determined that the petitioner had not suffered past persecution or established a well-founded fear of future persecution. The IJ also found insufficient evidence for CAT protection.The Board of Immigration Appeals (BIA) affirmed the IJ's decision in September 2023, agreeing that the petitioner had not demonstrated past persecution or a well-founded fear of future persecution. The BIA noted the lack of evidence of threats in the past twenty years and upheld the IJ's findings on withholding of removal and CAT protection.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 adverse credibility determination and agreed that the petitioner had not established eligibility for asylum, withholding of removal, or CAT protection. The petition for judicial review was denied. View "Garcia Oliva v. Garland" on Justia Law

Jose Mauricio Figueroa, a native and citizen of El Salvador, sought special rule cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA). The Department of Homeland Security (DHS) initiated removal proceedings against him in 2007. In 2018, Figueroa appeared before an immigration judge (IJ) to request relief, arguing that his removal would cause "exceptional and extremely unusual hardship" to himself or his spouse, Maria. Figueroa and DHS agreed that a heightened NACARA standard applied due to his criminal history, requiring him to show continuous physical presence in the U.S. for ten years, good moral character, and the specified hardship.The IJ found that Figueroa had lived in the U.S. for thirty years, worked, and managed finances for two properties he and Maria owned. Despite acknowledging the emotional and economic hardship Maria would face, the IJ concluded that Figueroa did not meet the burden of proving exceptional and extremely unusual hardship. The IJ also noted Figueroa's health issues but found no credible evidence that he would be unable to obtain medical care or employment in El Salvador. Additionally, the IJ determined that Figueroa did not merit a favorable exercise of discretion due to his repeated arrests for indecent assault and battery.The Board of Immigration Appeals (BIA) dismissed Figueroa's appeal, agreeing with the IJ's application of the hardship standard. The BIA found that Figueroa had not proven that he and Maria would be unable to secure employment or meet their basic needs in El Salvador. The BIA also noted that general crime conditions in El Salvador did not meet the exceptional and extremely unusual hardship standard.The United States Court of Appeals for the First Circuit reviewed the case. The court held that the application of the hardship standard to the established facts was reviewable as a mixed question of law and fact. The court found no error in the agency's conclusion that Figueroa failed to establish the requisite hardship to himself or Maria. The petition for review was denied. View "Figueroa v. Garland" on Justia Law

Luis Efrain Vargas-Salazar, his wife Wilma Jeaneth Vargas-Lasso, and their son Maykel Eliab Vargas-Vargas, natives of Ecuador, sought review of a Board of Immigration Appeals (BIA) order affirming the Immigration Judge's (IJ) denial of their applications for asylum. Vargas-Salazar also contested the denial of his application for withholding of removal. The family entered the United States without inspection in June 2021 and conceded removability. Vargas-Salazar filed for asylum, withholding of removal, and protection under the Convention Against Torture (CAT), naming his wife and son as derivative beneficiaries.The IJ held a hearing and found Vargas-Salazar's testimony credible. He testified about extortion attempts by a gang in Ecuador, which included threats and a physical altercation resulting in a head injury. The IJ concluded that the harm Vargas-Salazar suffered did not rise to the level of past persecution and that there was no sufficient nexus between the harm and a protected ground. The IJ also denied the application for withholding of removal and CAT protection, finding no evidence of likely future torture by government officials.The BIA affirmed the IJ's decision, agreeing that the harm Vargas-Salazar experienced did not constitute persecution and that the threats were not severe enough to cause significant suffering. The BIA also upheld the IJ's finding that there was no nexus between the harm and a protected ground. The BIA noted that the petitioner's CAT claim was waived as it was not raised on appeal.The United States Court of Appeals for the First Circuit reviewed the case and applied the substantial evidence standard to the IJ's factual findings. The court found that substantial evidence supported the IJ and BIA's conclusions that the harm did not amount to past persecution and that there was no well-founded fear of future persecution on a protected ground. Consequently, the court denied the petition for review. View "Vargas-Salazar v. Garland" on Justia Law

Four noncitizens from India, who have been lawfully residing in the U.S. for over ten years, filed for permanent residency more than four years ago. Their applications have not been adjudicated, prompting them to sue the Director of USCIS and the Secretary of DOS under the APA for unreasonable delay and unlawful withholding of agency action. They argue that USCIS's policy of not adjudicating applications until a visa is "immediately available" violates 8 U.S.C. § 1255(a).The U.S. District Court for the District of Massachusetts dismissed the claims under Federal Rules of Civil Procedure 12(b)(6) and 12(b)(1). The court found that the plaintiffs' interpretation of § 1255(a) was incorrect and that the agencies' policies were within their discretion. The court ruled that the plaintiffs failed to state a claim for unreasonable delay and unlawful withholding under the APA.The United States Court of Appeals for the First Circuit affirmed the District Court's dismissal. The appellate court held that § 1255(a) sets eligibility criteria for applying for adjustment of status but does not mandate the timing of adjudication. The court found that the 1976 amendment to § 1255(a) did not preclude USCIS from considering visa availability at the time of approval. The court also rejected the plaintiffs' structural arguments based on other statutory provisions, finding no conflict with USCIS's policy. The court concluded that the plaintiffs failed to state a claim under the APA against both USCIS and DOS. View "Patel v. Jaddou" on Justia Law

Salvadoran nationals Julio Alvarado-Reyes, his wife Glenda Garmendia-Ardona, and their minor son J.A.G. fled to the United States after being threatened by the MS-13 gang. Alvarado-Reyes was repeatedly stopped by gang members who demanded he use his truck for their activities, threatening his family when he refused. Garmendia-Ardona also received threatening calls. Fearing for their lives, they did not report to the police and eventually left El Salvador in August 2021. The Department of Homeland Security initiated removal proceedings against them in November 2021.An Immigration Judge (IJ) denied their applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The IJ found that the harm Alvarado-Reyes experienced did not amount to persecution and that his proposed particular social group (PSG) of "Salvadoran men who resist gang recruitment" was not legally cognizable. The IJ also determined that the harm was not on account of his membership in the "Reyes family" or "Salvadoran men" PSGs. The Board of Immigration Appeals (BIA) affirmed the IJ's decision without opinion, making the IJ's decision the final agency decision.The United States Court of Appeals for the First Circuit reviewed the case. The court upheld the IJ's findings, agreeing that the proposed PSG of "Salvadoran men who resist gang recruitment" lacked particularity and that there was no sufficient nexus between the harm and Alvarado-Reyes' membership in the "Reyes family" or "Salvadoran men" PSGs. The court also found that the BIA's affirmance without opinion was a valid exercise of discretion. Consequently, the petition for review was denied. View "Alvarado-Reyes v. Garland" on Justia Law