Justia Civil Procedure Opinion Summaries

Gurparas Singh, a native and citizen of India, sought asylum, withholding of removal, and protection under the Convention Against Torture (CAT) in the United States, claiming persecution by members of the ruling BJP party due to his involvement with the Mann political party. Singh recounted two specific incidents of persecution: one in July 2017, where BJP members threatened him while he was placing posters, and another in December 2017, where he was attacked by BJP members while returning from a blood drive. Singh entered the U.S. without valid documents in April 2018 and was charged with removability. He admitted the allegations and applied for asylum and related relief.The Immigration Judge (IJ) found Singh not credible due to significant linguistic and factual similarities between his declaration and those of other asylum applicants from India, suggesting a fabricated claim. The IJ also found that Singh knowingly filed a frivolous asylum application and denied his CAT claim, concluding that the remaining evidence did not establish a likelihood of torture upon his return to India. The Board of Immigration Appeals (BIA) upheld the IJ's findings and dismissed Singh's appeal.The United States Court of Appeals for the Ninth Circuit reviewed the case and denied Singh's petition for review. The court held that substantial evidence supported the BIA's adverse credibility determination, noting the identical language and narrative structure in Singh's declaration compared to other applicants. The court also found that the IJ followed proper procedural safeguards in making the frivolous application finding. Additionally, the court concluded that the denial of CAT protection was supported by substantial evidence, as Singh failed to provide sufficient individualized evidence of a likelihood of torture. View "SINGH V. BONDI" on Justia Law

Diego Penaranda Arevalo, a citizen of Ecuador unlawfully present in the United States, sought cancellation of a removal order under 8 U.S.C. § 1229b(b)(1). An immigration judge denied his application, and the Board of Immigration Appeals (BIA) affirmed. Penaranda then petitioned the United States Court of Appeals for the Second Circuit for review. While this petition was pending, Penaranda filed a motion with the BIA to terminate or remand his removal proceedings, arguing that his removal order was invalid because his original notice to appear did not include the date and time of his initial hearing, as required by 8 U.S.C. § 1229(a). The BIA denied the motion, reasoning that Penaranda had forfeited any objection based on the time-and-place requirement by failing to raise it in a timely manner.The Second Circuit reviewed both cases together. The court reaffirmed its decision in Banegas Gomez v. Barr that the time-and-place requirement is a non-jurisdictional rule and held that the BIA did not abuse its discretion in concluding that Penaranda forfeited his objection. Therefore, the court denied that petition.In his first petition, Penaranda challenged the immigration judge’s finding that he gave false testimony for the purpose of obtaining an immigration benefit, which led to the conclusion that he failed to establish good moral character and was therefore ineligible for the requested relief. The Second Circuit found that it lacked jurisdiction to review Penaranda’s petition insofar as it contested whether and why he testified falsely, as these are unreviewable questions of fact under 8 U.S.C. § 1252(a)(2)(B)(i). Penaranda also argued that the immigration judge held him to a higher burden of proof than required. The court found that this argument, while a question of law, failed on the merits. Accordingly, the court dismissed in part and denied in part Penaranda’s first petition. View "Penaranda Arevalo v. Bondi" on Justia Law

Marvin T. Jose Mateo filed a petition in the Hall County Court seeking to establish a minor guardianship for his 18-year-old brother, Tomas J. The petition also requested immigration-related factual findings under the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). Tomas had been in Marvin's care since 2019, and they had been living in Grand Island, Nebraska, since January 2022. Tomas was attending high school and planned to join the U.S. Marines after graduation. Marvin testified that Tomas' parents were in Guatemala and did not provide financial support.The county court denied the guardianship petition, noting that Tomas was already 18 years old and that Marvin had a power of attorney from Tomas' parents, which allowed him to care for Tomas without a guardianship. The court did not make the requested factual findings under the UCCJEA. Marvin filed a motion to alter or amend the judgment, arguing that the court applied the wrong legal standard and failed to consider Tomas' best interests. The court overruled the motion, reiterating that Marvin had been able to care for Tomas without a guardianship and suggesting that the petition was filed primarily to obtain immigration findings.The Nebraska Supreme Court reviewed the case and concluded that the UCCJEA did not apply because Tomas was no longer a "child" under the UCCJEA when the petition was filed. The court determined that other Nebraska statutes gave the county court jurisdiction over the minor guardianship proceeding. However, the court found that the appeal became moot once Tomas reached the age of majority, as the relief of appointing a minor guardian was no longer available. The court dismissed the appeal, concluding that none of the exceptions to the mootness doctrine applied. View "In re Guardianship of Tomas J." on Justia Law

Iowa enacted Senate File 2340, which criminalizes the presence of aliens who have illegally reentered the United States within its boundaries. The Act mandates that aliens violating it must return to the country they reentered from and prohibits judges from abating state prosecutions due to pending or possible federal determinations of the alien’s immigration status. The United States sought a preliminary injunction against the enforcement of the Act, which the district court granted. Iowa appealed the decision.The United States District Court for the Southern District of Iowa ruled that the United States had standing to sue and could state a cause of action to enjoin the Act. The court found that the United States established a likelihood of success on the merits, showing that federal immigration law preempts the Act under both conflict and field preemption. The court also found that irreparable harm would occur if the Act went into effect and that the balance of equities and public interest favored granting the injunction.The United States Court of Appeals for the Eighth Circuit reviewed the district court’s decision for abuse of discretion, examining factual findings for clear error and legal conclusions de novo. The appellate court affirmed the district court’s decision, holding that the United States had standing and an equitable cause of action to enjoin the Act. The court found that the Act likely conflicts with federal immigration law, as it obstructs the discretion of federal officials and creates a parallel enforcement scheme. The court also agreed that the United States demonstrated irreparable harm and that the balance of equities and public interest favored the injunction. The preliminary injunction against the enforcement of the Act was affirmed. View "United States v. State of Iowa" on Justia Law

Beata Zarzecki, a Polish national, entered the United States on a six-month tourist visa in 1989 and remained in the country illegally. In 1998, she married a U.S. citizen, and they have a daughter who is also a U.S. citizen. In 2013, removal proceedings were initiated against her, and she applied for adjustment of status based on her marriage. Her application was complicated by a 2005 conviction for felony aggravated driving under the influence, resulting in a fatal accident. She was sentenced to nine years in prison and served over eight years. Additional incidents included a 2003 arrest for aggravated assault and a 2004 charge for driving without insurance.The immigration judge denied her application for adjustment of status, citing the severity of her criminal record and insufficient evidence of addressing her mental health issues. The Board of Immigration Appeals (Board) reviewed the case de novo and upheld the immigration judge's decision, emphasizing the egregious nature of her offense and finding that her mitigating factors did not outweigh the adverse factors.The United States Court of Appeals for the Seventh Circuit reviewed Zarzecki's petition, focusing on whether the Board committed legal or constitutional errors. Zarzecki argued that the Board failed to properly consider her mental health evidence and did not apply the correct standard of review. The court found that the Board did consider her mental health evidence and applied the appropriate standard of review. The court concluded that the Board did not commit any legal or constitutional errors and dismissed Zarzecki's petition for lack of jurisdiction, as discretionary decisions regarding adjustment of status are not subject to judicial review. View "Zarzecki v. Garland" on Justia Law

The petitioners, Fidel Angel Lopez Quinteros, Evelyn de Los Angeles Polanco Ortiz, and their minor child A.A.L.P., are natives and citizens of El Salvador. They were issued Notices to Appear by the U.S. Department of Homeland Security in 2021, charging them with being present in the United States without admission or parole. The petitioners conceded their removability and applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). A.A.L.P. was listed as a derivative beneficiary on Lopez's application. The petition for review challenges only the denial of their asylum applications.The Immigration Judge (IJ) found Lopez and Polanco's testimonies credible but denied their applications for asylum, withholding of removal, and CAT protection. The IJ concluded that the gang's threats were motivated by financial gain rather than the petitioners' membership in particular social groups. The Board of Immigration Appeals (BIA) affirmed the IJ's decision on asylum and withholding of removal and deemed the CAT claims waived as they were not meaningfully challenged.The United States Court of Appeals for the First Circuit reviewed the case. The court denied the petitioners' claim that the BIA erred by not remanding to correct the hearing transcript, as this issue was not exhausted before the BIA. The court also found no merit in the petitioners' contention that the agency failed to engage in a proper mixed-motive analysis. However, the court held that the BIA's finding of no nexus between Polanco's persecution and her familial relationship to Lopez was not supported by substantial evidence. The court concluded that Polanco's family status was a central reason for the gang's threats against her. Consequently, the court denied the petition in part, granted it in part, and remanded for further proceedings consistent with its opinion. View "Lopez-Quinteros v. Garland" on Justia Law

Chrisma Felin Mondzali Bopaka, a citizen of the Republic of the Congo, entered the United States without valid entry documents on August 23, 2018. He sought asylum, withholding of removal (WOR), and protection under the Convention Against Torture (CAT), claiming persecution based on his political opinion and family membership. Bopaka alleged that his family was targeted due to his father's opposition to the government, and he feared harm if returned to the Congo.The Immigration Judge (IJ) found Bopaka not credible due to numerous inconsistencies and omissions in his testimony, declaration, and documentary evidence. The IJ denied his applications for asylum, WOR, and CAT protection, concluding that Bopaka failed to meet his burden of proof. The Board of Immigration Appeals (BIA) affirmed the IJ's decision, finding no error in the adverse credibility determination and insufficient corroborating evidence. The BIA also denied Bopaka's motions to remand and reopen, citing a lack of new, material evidence that could change the outcome.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 IJ's and BIA's adverse credibility determination, noting significant inconsistencies and omissions in Bopaka's accounts. The court also agreed with the BIA's assessment that the new evidence presented in the motions to remand and reopen was insufficient to alter the previous findings. Consequently, the petitions for review were denied. View "Mondzali Bopaka v. Garland" on Justia Law

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

Everod Ray Anthony Reid, a Jamaican national, petitioned for review of a Board of Immigration Appeals (BIA) decision affirming an Immigration Judge's (IJ) order for his removal and denial of his applications for a waiver of inadmissibility, adjustment of status, and deferral of removal under the Convention Against Torture (CAT). Reid suffers from schizophrenia, experiencing delusional thinking, hallucinations, and paranoia, which impair his ability to assist his attorney and participate meaningfully in his defense.The IJ found Reid incompetent to establish an attorney-client relationship but did not make a formal finding of overall incompetency. The IJ implemented safeguards, including relying on objective evidence, not requiring Reid to testify, and having his counsel present witnesses and affidavits. Despite these measures, the IJ denied Reid's applications, finding him ineligible for section 212(c) relief due to insufficient evidence of his prison term and denying CAT protection due to a lack of evidence of likely torture in Jamaica.The BIA affirmed the IJ's decision, agreeing that the safeguards were sufficient to ensure a fair hearing, despite acknowledging the IJ's failure to make a formal competency determination. The BIA also upheld the IJ's discretionary denial of section 212(c) relief and the denial of CAT protection.The United States Court of Appeals for the Second Circuit reviewed the case and found that the IJ improperly applied the framework for protecting the rights of incompetent noncitizens. The court held that the IJ must make a specific finding of competency, generate a record of sufficient findings regarding the noncitizen's incompetency, implement appropriate safeguards, and articulate how these safeguards protect the noncitizen's rights. The court granted Reid's petition, vacated the BIA's decision, and remanded for further proceedings consistent with its opinion, directing the agency to reevaluate Reid's competency and consider additional safeguards if necessary. View "Reid v. Garland" on Justia Law

The case involves Meisam Sedighi, who sought reimbursement from his employer, Schnackel Engineers, Inc., for $3,000 he paid to an immigration attorney for the preparation and filing of a permanent labor certification application. Sedighi argued that under 20 C.F.R. § 656.12(b), Schnackel Engineers was responsible for these costs. Schnackel Engineers contended that Sedighi was to pursue his green card at his own expense, as stipulated in his employment contract, and that it did not agree to pay for the certification application.The small claims court of the county court for Douglas County ruled in favor of Sedighi, finding that Schnackel Engineers was responsible for the attorney fees under 20 C.F.R. § 656.12(b). Schnackel Engineers appealed to the district court for Douglas County, which reversed the small claims court's decision. The district court found that the employment contract controlled the parties' obligations and that Sedighi was responsible for his own green card expenses. It concluded that the Michigan immigration attorney represented Sedighi, not Schnackel Engineers.The Nebraska Supreme Court reviewed the case and found that the district court erred in its appellate review. The Supreme Court noted that the small claims court's judgment was supported by competent evidence showing that Schnackel Engineers actively participated in the preparation and filing of the permanent labor certification application. The Supreme Court held that the district court should have presumed that the small claims court found the Michigan immigration attorney represented both Sedighi and Schnackel Engineers. Consequently, the Supreme Court reversed the district court's judgment and directed it to reinstate the small claims court's judgment in favor of Sedighi. View "Sedighi v. Schnackel Engineers" on Justia Law