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

Erasmo Rojas-Perez (Rojas), the lead petitioner in this case, and his wife, Angelica Garcia-Angeles (Garcia), sought review of a final order of removal issued by the Board of Immigration Appeals (BIA). Petitioners, who had entered the United States without inspection, had filed applications for withholding of removal based on their stated belief that if the family returned to Mexico, their son, a U.S. citizen by virtue of being born in the U.S., could be kidnapped and held for ransom. The BIA reasoned that Petitioners' stated fear was not properly grounded in their belonging to a discernible social group under the Immigration and Nationality Act because "fear of persecution based on perceived wealth does not constitute a particular social group under the [INA]." The First Circuit Court of Appeals denied Rojas's petition for review, as the BIA's determinations were based on substantial evidence in the record. View "Rojas-Perez v. Holder" on Justia Law

Petitioner, a citizen of Guatemala, applied for asylum, asserting that he had fled his native country due to political persecution. After the Department of Homeland Security began removal proceedings against him, Petitioner argued he was the victim of past political persecution and that, if returned to Guatemala, he would be subject to persecution on account of "membership of a particular social group," namely, the group of Guatemalan nationals repatriated from the United States. The immigration judge denied relief, finding that Petitioner was a credible witness but that the facts did not support his asylum application or other claims for relief. The board of immigration appeals (BIA) affirmed. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that Petitioner's request for statutory withholding of removal necessarily failed, as Petitioner did not establish that he would be persecuted based on his "membership in a particular social group" or his "political opinion." View "Escobar v. Holder" on Justia Law

Petitioner, a native and citizen of Jamaica, was convicted of illicit trafficking - an aggravated felony - and also of an offense under a state law relating to a controlled substance. The Department of Homeland Security began removal proceedings against Petitioner based on these offenses. Petitioner filed a responsive pleading seeking to terminate the removal proceedings or, in the alternative, to cancel removal. An immigration judge (IJ) denied Petitioner's motion to terminate and ordered Petitioner to be removed to Jamaica. The board of immigration appeals (BIA) affirmed. The First Circuit Court of Appeals denied Petitioner's petition for review, holding that Petitioner pled to possessing a controlled substance with intent to sell in violation of Conn. Gen. Stat. Ann. 21a-277(b), that the offense was a subordinate offense constituting "trafficking," and therefore, Petitioner was convicted of drug trafficking as defined by federal law. View "James v. Holder" on Justia Law

In 2010, the Department of Homeland Security (DHS) began removal proceedings under the Immigration and Nationality Act (INA) against Petitioner. The notice asserted that Petitioner was removable on three separate grounds - child abuse, crime of violence, and sexual abuse of a minor. An immigration judge (IJ) ruled that Petitioner was removable on all three grounds asserted by DHS, and that, as an aggravated felon, Petitioner was ineligible for cancellation of removal. The Board of Immigration Appeals (BIA) affirmed. At issue was whether the endangerment offense to which Petitioner pled nolo contendere comprised an aggravated felony sexual abuse offense for purposes of the INA. The First Circuit Court of Appeals reversed the BIA's ruling insofar as it held that Petitioner was removable on the grounds that he was convicted of aggravated felony sexual abuse and that he was therefore ineligible for cancellation of removal, as Petitioner could not be held to have pled to an offense that fell within the sexual abuse rubric under the INA. View "Campbell v. Holder" on Justia Law

Petitioner Muhammad Saleem Sheikh, a native and citizen of Pakistan, sought review of a final order of removal issued by the Board of Immigration Appeals (BIA). The order came after the BIA dismissed Petitioner's appeal of an immigration judge's denial of a continuance in his removal proceedings. The First Circuit Court of Appeals denied the petition, holding (1) there was no abuse of discretion in the decision to deny the motion for continuance under the standards set forth in Matter of Hashmi; and (2) Petitioner's hopes for immigration reform did not warrant forbearance in his removal proceedings. View "Sheikh v. Holder" on Justia Law

This case required the First Circuit Court of Appeals to decide, for the first time, whether section 1101(a)(42)(B), a statute enacted to pave the way for asylum for victims of China's coercive population control policies, extends automatically to a spouse of a person forced to undergo an abortion. Petitioner, a Chinese national, petitioned for asylum, seeking to remain in the United States because of, among other things, his wife's forced abortion. Petitioner argued he was entitled to per se refugee status under 8 U.S.C. 1101(a)(42)(B) "as a person who has been forced to abort a pregnancy." The immigration judge rejected this argument, and the board of immigration appeals affirmed. The First Circuit Court denied Petitioner's petition for judicial review after joining several of its sister circuits in holding that, given the language of the relevant statute and the Attorney General's reasonable interpretation of it, the agency did not err in refusing to grant Petitioner's per se refugee status on the basis that the Chinese government had compelled his wife to undergo a forced abortion. View "Dong v. Holder" on Justia Law

Petitioner, a native and citizen of Venezuela, sought review of a final order of the Board of Immigration Appeals (BIA). The order upheld both an immigration judge's (IJ) determination that Petitioner's asylum application was time-barred and the IJ's denial of his application for withholding of removal on the merits. The First Circuit Court of Appeals (1) dismissed as to the asylum claim, holding that it lacked jurisdiction to review that decision, as the Court is without jurisdiction to review agency findings regarding timeliness of an asylum application unless the petitioner challenges the decision on constitutional or legal grounds; and (2) denied as to the claim for withholding of removal, as substantial evidence supported the BIA's determination. View "Cabas v. Holder" on Justia Law

On January 4, 2010, an immigration judge (IJ) denied Petitioner's application for asylum, withholding of removal, and withholding under the Convention Against Torture. The board of immigration appeals (BIA) affirmed this denial on September 8, 2011. Petitioner petitioned for review of the BIA's decision. The First Circuit Court of Appeals denied the petition, holding that the IJ and BIA did not err by (1) concluding that Petitioner's past treatment on Ukraine did not rise to the level of persecution; and (2) concluding that Petitioner had failed to establish the requisite objective basis that a reasonable person in her circumstances would fear persecution. View "Rebenko v. Holder" on Justia Law

Alas, a citizen of El Salvador, unlawfully entered the U.S. in 2003. In 2006, the Department of Homeland Security began removal proceedings, charging Alas with removability as an alien present without being admitted or paroled, and for being present in the without a valid immigrant visa, 8 U.S.C. 1182(a)(6)(A)(I); 1182(a)(7)(A)(i)(I). He requested political asylum and withholding of removal. The IJ found that his testimony about gang threats and the murder of family members was credible, but that the application for political asylum was untimely and that his explanations for the untimely application were inadequate. The IJ also found that Alas was not a victim of past persecution and had not met his burden of showing persecution, a well-founded fear of persecution, or a clear probability of persecution on account of a statutorily protected ground. Alas did not establish himself to be a member of a particular social group and his fear of harm was not centrally based upon an actual or implied protected ground. The BIA affirmed. The First Circuit denied a petition for review. View "Beltrand-Alas v. Holder" on Justia Law

Customs and Border Patrol agents stopped petitioner at a New Hampshire checkpoint. She failed to produce valid immigration documents and CBP charged her as a removable alien present in the U.S. without having been admitted or paroled, 8 U.S.C. 1182(a)(6)(A)(i). More than a year later, she applied for asylum, withholding of removal, and Convention Against Torture protection, claiming that, while living in Colombia, she was on a public bus that was attacked by the Colombian FARC guerillas, who killed five passengers. Petitioner claims to fear that harm to her and her family if she returns to Colombia. During one of several hearings, the IJ directed her to submit a declaration or any documentation detailing her entry into the U.S. and to request fingerprinting. The IJ granted a continuance of over a year. Both petitioner and her counsel failed to comply with any of the outstanding directives by the time for hearing on the merits. Counsel conceded that petitioner had not filed for asylum within the one-year time limit and provided no explanation as to why an exception might apply. The IJ dismissed her claims as abandoned, for failure to comply with outstanding orders. The BIA affirmed. The First Circuit denied review. View "Gomez-Medina v. Holder" on Justia Law