Justia Civil Procedure Opinion Summaries

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

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

Two sisters from Guatemala fled to the United States in 2015 after gang members threatened to maim and kill them. They entered the U.S. without inspection and were placed in removal proceedings by the Department of Homeland Security (DHS). The sisters applied for asylum and withholding of removal, claiming they were targeted due to their membership in two particular social groups (PSGs): "Guatemalan female children without parental protection" and "the Rodas family."An immigration judge (IJ) denied their applications, finding that the harm they suffered did not rise to the level of persecution, that their proposed PSGs were not cognizable, and that there was no nexus between the harm and their family membership. The Board of Immigration Appeals (BIA) affirmed the IJ's decision, assuming without deciding that the harm constituted persecution but agreeing that the gang members were motivated by financial gain rather than animus toward the family.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court found that the Petitioners' arguments regarding due process and the "Guatemalan female children without parental protection" PSG were unreviewable because they were not raised before the BIA. However, the court held that the BIA's no-nexus determination regarding the "Rodas family" PSG was inconsistent with precedents. The court emphasized that persecutors can have mixed motives, and the BIA failed to consider whether the gang members' financial motives were intertwined with the Petitioners' family membership.The Sixth Circuit granted the petition for review in part, dismissed it in part, vacated the BIA's denial of asylum and withholding of removal, and remanded the case for further proceedings consistent with its opinion. The court instructed the BIA to reconsider the nexus between the harm and the Petitioners' family membership and to address whether the Guatemalan government was unable or unwilling to control the persecutors. View "Mazariegos-Rodas v. Garland" on Justia Law

Bessy Orbelina Castellanos-Ventura, a citizen of Honduras, sought asylum, withholding of removal, and relief under the Convention Against Torture (CAT) in the United States. She claimed past persecution due to her membership in a social group of Honduran women, citing physical and sexual abuse by family members and a local criminal. She did not report the abuse to authorities, believing they would not help her.The Immigration Judge (IJ) assumed without deciding that Castellanos-Ventura's social group was cognizable and that she suffered persecution. However, the IJ denied her application, finding she failed to show that the Honduran government was "unable or unwilling to control" her persecutors. The IJ noted her failure to report the abuse and pointed to her mother's success in obtaining a restraining order as evidence of government action. The Board of Immigration Appeals (BIA) affirmed the IJ's decision, adopting the same reasoning.The United States Court of Appeals for the Second Circuit reviewed the case. The court found that the agency incorrectly applied the "unable or unwilling to control" standard. It noted the agency failed to consider whether it would have been futile or dangerous for Castellanos-Ventura, as an abused child, to seek protection. Additionally, the agency did not evaluate significant evidence indicating the Honduran government's inability to protect women and children from violence. The court granted the petition for review and remanded the case to the BIA for further proceedings consistent with its opinion. View "Castellanos-Ventura v. Garland" on Justia Law

A man who has lived in the United States for thirty years, married to a U.S. citizen and father to U.S. citizens, has been attempting to adjust his immigration status for seventeen years. His third application was denied in 2021 due to the use of an incorrect birthdate, which was deemed to constitute fraud. The man sought review in district court, which dismissed the case for lack of jurisdiction. He then appealed this decision.The United States District Court for the Southern District of Texas dismissed the case, stating that decisions regarding the adjustment of status and waivers of inadmissibility are within the discretion of USCIS and are not subject to judicial review. The court cited 8 U.S.C. § 1252(a)(2)(B) and § 1182(i)(2), which preclude judicial review of such discretionary decisions.The United States Court of Appeals for the Fifth Circuit reviewed the case and affirmed the district court's decision. The appellate court held that 8 U.S.C. § 1252(a)(2)(B)(i) precludes judicial review of denials of applications for adjustment of status and waivers of inadmissibility, regardless of whether the judgment is made in removal proceedings. The court referenced the Supreme Court's decision in Patel v. Garland, which interpreted the statute to broadly preclude judicial review of any judgment regarding the granting of relief under § 1255. The court acknowledged the potential for governmental errors but concluded that the statutory language clearly barred judicial review in this context. View "Momin v. Jaddou" on Justia Law