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

The First Circuit denied Petitioner’s petition for review from the Board of Immigration Appeals’ (BIA) dismissal of her appeal from the denial of her application for asylum and withholding of removal of herself and, derivatively, her two minor children, holding that Petitioner’s challenge to the denial of her claims failed.At her removal proceedings before the immigration judge (IJ), Petitioner testified and submitted a declaration in support of her applications for asylum and withholding of removal, claiming that she suffered past persecution in Honduras on account of her membership in her family and that she had a well-founded fear of future persecution on account of her familial ties. The IJ denied Petitioner’s applications and ordered Petitioner and her minor children removed. The BIA dismissed Petitioner’s appeal. The First Circuit agreed with the IJ and the BIA, holding that Petitioner’s challenge to the denial of her asylum claim failed, and so, for identical reasons, did her challenge to the denial of her withholding of removal claim also fail. View "Sosa-Perez v. Sessions" on Justia Law

The First Circuit denied Petitioner’s petition for review from the Board of Immigration Appeals’ (BIA) dismissal of her appeal from the denial of her application for asylum and withholding of removal of herself and, derivatively, her two minor children, holding that Petitioner’s challenge to the denial of her claims failed.At her removal proceedings before the immigration judge (IJ), Petitioner testified and submitted a declaration in support of her applications for asylum and withholding of removal, claiming that she suffered past persecution in Honduras on account of her membership in her family and that she had a well-founded fear of future persecution on account of her familial ties. The IJ denied Petitioner’s applications and ordered Petitioner and her minor children removed. The BIA dismissed Petitioner’s appeal. The First Circuit agreed with the IJ and the BIA, holding that Petitioner’s challenge to the denial of her asylum claim failed, and so, for identical reasons, did her challenge to the denial of her withholding of removal claim also fail. View "Sosa-Perez v. Sessions" on Justia Law

In 1991, Valerio, a citizen of Costa Rica, entered the U.S. without inspection. She was apprehended and placed in deportation proceedings but failed to appear. Valerio's then-boyfriend purchased her a birth certificate and social security card in the name of Rosa Hernandez, a U.S. citizen who lived in Puerto Rico. From 1995-2007, Valerio used Hernandez's identity to secure employment, open lines of credit, purchase cars and a home, and defraud the government of over $176,000 in housing assistance, food stamps, and other welfare benefits. In 2006, Hernandez learned about the fraud. Valerio was apprehended and was found guilty of aggravated identity theft, 18 U.S.C. 1028A and three counts of mail fraud. 18 U.S.C. 1341. After Valerio served her sentence, DHS reopened Valerio’s deportation proceeding but mistakenly stated that she was subject to removal. An IJ denied her applications for asylum and withholding of removal, finding the conviction for aggravated identity theft a "particularly serious crime" under section 1231(b)(3)(B)(ii). Following a remand, the BIA concluded that in deportation and removal proceedings alike, its longstanding multi-factor "Frentescu" framework for determining whether a nonaggravated felony qualifies as a "particularly serious crime" remains the same, and again found Valerio ineligible for withholding. The First Circuit agreed. The nature and circumstances of Valerio's crime were fully and properly considered." View "Valerio-Ramirez v. Sessions" on Justia Law

The First Circuit remanded this immigration case to the Board of Immigration Appeals (BIA) due to its insufficient explanation of why the least culpable conduct prohibited under Mass. Gen. Laws ch. 266, 2 is morally reprehensible, and why the statute’s requirement of “malice,” as construed by Massachusetts courts, qualifies the crime as a crime involving moral turpitude (CIMT).Petitioner, a native and citizen of the Dominican Republic, was charged as removable. Petitioner denied his removability and, in the alternative, requested several forms of relief. Petitioner was previously convicted of the crime of Massachusetts arson. The immigration judge (IJ) concluded that Petitioner’s Massachusetts crime was categorically a CIMT. The IJ also found Petitioner ineligible for relief from removal on the basis that he failed to prove that his conviction was not an aggravated felony. The BIA dismissed Petitioner’s appeal in an opinion that replicated the IJ’s reasoning. The First Circuit granted Petitioner’s petition for review, vacated the BIA’s opinion, and remanded for further proceedings for the reasons set forth above. View "Rosa Pena v. Sessions" on Justia Law

The First Circuit denied Petitioner’s petition for review of an order of the Board of Immigration Appeals (BIA) denying Petitioner’s applications for asylum, withholding of removal, and protection under the Convention Against Torture Act (CAT). In her applications, Petitioner, a citizen of El Salvador, claimed that she was persecuted, and faced future persecution, at the hands of Salvadorian gang members on account of her family membership. An immigration judge (IJ) credited Petitioner’s testimony as true but nonetheless denied relief. The BIA affirmed. The First Circuit affirmed, holding (1) Petitioner could not satisfy her claim for asylum, and therefore, she also could not satisfy her claim for withholding of removal; and (2) Petitioner provided no basis by which the court should reverse the BIA’s decision denying her protection under the CAT. View "Villalta-Martinez v. Sessions" on Justia Law

The First Circuit denied the petition for review filed by Petitioner, a native and citizen of Honduras, seeking relief from the decision of the Board of Immigration Appeals (BIA) affirming an immigration judge’s (IJ) denial of Petitioner’s application for withholding of removal (WOR) and protection under the Convention Against Torture (CAT). In his application, Petitioner claimed that he had experienced past persecution and faced a clear probability of future persecution in Honduras on account of his family membership. The IJ determined that Petitioner failed to establish that he had suffered - or was likely to suffer in the future - harm that was sufficient to constitute persecution and related to his family membership. The BIA affirmed. The First Circuit denied Petitioner’s petition for review, holding that none of Petitioner’s claims warranted relief from the decisions of the IJ and BIA. View "Ruiz-Escobar v. Sessions" on Justia Law

The First Circuit denied the petition filed by Petitioner, a Guatemalan national, seeking judicial review of a final order of the Board of Immigration Appeals (BIA) denying her application for asylum, withholding of removal, and protection under the United Nations Convention Against Torture (CAT).At the conclusion of a removal hearing, an immigration judge (IJ) concluded that Petitioner was ineligible for either asylum or withholding for removal because she was unable to show that the harm she suffered in Guatemala was on account of a statutorily protected ground. The IJ also concluded that Petitioner did not qualify for CAT protection. After the BIA upheld the IJ’s decision, Petitioner sought judicial review. The First Circuit affirmed, holding that, as to Petitioner’s application for asylum and for withholding of removal, the IJ and BIA supportably found that Petitioner failed to establish a nexus between the claimed harm and a statutorily protected ground. View "Perez-Rabanales v. Sessions" on Justia Law

Gitau, a Kenyan citizen, married a U.S. citizen, Johnson, and became a lawful permanent resident on a conditional basis. Under 8 U.S.C. 1186a(c)(1)(A) and (B), she and Johnson could remove the conditional nature of her status by jointly filing Form I-751. They divorced, however, and Gitau was unable to satisfy the joint filing requirement. She filed a petition to waive the joint filing requirement, 8 U.S.C. 1186a(c)(4), which was denied. In removal proceedings she renewed her waiver request, arguing that she entered into the marriage in good faith and that her removal would result in extreme hardship. The IJ ruled against Gitau, finding her not to be a credible witness and that the evidence other than her own testimony was insufficient to support her claim of good faith. The IJ also found that Gitau had not demonstrated extreme hardship. The BIA affirmed. The First Circuit dismissed a petition for review. The court noted inconsistencies in Gitau’s evidence and that, in 2007, Johnson purported to marry two other individuals seeking U.S. residence status. The only evidence of hardship not barred due to timing concerns was Gitau's testimony that it would be impossible for her to find work in her field in her parents' village in Kenya. View "Gitau v. Sessions" on Justia Law

The First Circuit dismissed for want of jurisdiction Petitioners’ petition for judicial review of the denial of their applications for voluntary departure to Guatemala and Mexico, holding that this court lacked jurisdiction to review the immigration judge’s (IJ) denial of voluntary departure.The IJ denied Petitioners’ applications on discretionary grounds. The Board of Immigration Appeals (BIA) affirmed the IJ’s decision. Petitioners appealed, asserting several allegations of error. The First Circuit did not reach the merits of Petitioner’s contentions, holding that it lacked jurisdiction to do so because Petitioner’s claims of error were not at least colorable. View "de la Cruz-Orellana v. Sessions" on Justia Law

The First Circuit vacated the order of the Board of Immigration Appeals (BIA) rejecting Petitioner’s claim for withholding of removal. In her application for relief, Petitioner, a native and citizen of Honduras, alleged that she had an abusive relationship with her ex-husband. An immigration judge (IJ) concluded that Petitioner’s testimony was not credible and that the abuse compiled in documentary evidence was not sufficiently serious and persistent to warrant relief. The BIA dismissed Petitioner’s appeal based solely on its ruling that the IJ did not commit clear error in her adverse credibility determination. The First Circuit remanded the matter for further proceedings, holding that, irrespective of the supportability of the adverse credibility finding, remand was required for the BIA to consider Petitioner’s potentially significant documentary evidence. View "Aguilar-Escoto v. Sessions" on Justia Law