Justia Civil Procedure Opinion Summaries

In this case, the United States Court of Appeals for the Fourth Circuit reviewed a petition by Sintia Dines Nivar Santana, a native and citizen of the Dominican Republic, who sought to review a final order of the Board of Immigration Appeals (BIA) that affirmed a decision by an immigration judge (IJ) declaring her ineligible for adjustment of status. Nivar was deemed inadmissible for falsely claiming to be a citizen of the United States. Her appeal presented two contentions of error. First, she argued that the IJ and BIA erroneously ruled that she was required to establish her admissibility “clearly and beyond doubt,” rather than by a preponderance of the evidence. Second, she contended that her evidentiary hearing before the IJ was fundamentally unfair due to the IJ’s erroneous admission of a Form I-9 (the “employment eligibility form”).The court rejected Nivar’s contentions of error and denied her petition for review. On the first point, the court ruled that the BIA and IJ did not err in applying the “clearly and beyond doubt” standard. The court explained that, for a noncitizen to qualify for adjustment of status, she must satisfy a statutory provision, which requires a noncitizen applying for adjustment of status to demonstrate that she is then and there admissible into the United States for permanent residence. The court stated that this requirement means that Nivar was required to prove — “clearly and beyond doubt” — that she did not falsely claim United States citizenship.On the second point, the court found that although the Department of Homeland Security (DHS) failed to timely submit the employment eligibility form, Nivar was not deprived of “the opportunity to be heard at a meaningful time and in a meaningful manner.” The court also determined that the admission of the form did not render the hearing fundamentally unfair. Therefore, the court concluded that Nivar’s evidentiary hearing did not violate due process considerations. View "Nivar Santana v. Garland" on Justia Law

In this case, the United States Court of Appeals for the Fourth Circuit reviewed an order from the Board of Immigration Appeals which denied asylum and withholding of removal to three petitioners from El Salvador. The petitioners claimed they were threatened and harmed by local MS-13 gang members because a relative ended her relationship with the gang’s leader, and they feared further harm if returned to El Salvador.The petitioners challenged the Immigration Judge's (IJ) credibility determination, arguing that the IJ’s mixed credibility finding was neither permissible nor explicit as required by law. The court disagreed, finding that the IJ explicitly stated that she made a mixed finding on credibility, which is permissible under the law. The court further clarified that an IJ may make a partial or mixed adverse credibility determination so long as substantial evidence supports it.The petitioners also argued that the Board's decision was unsupported by substantial evidence because the Board concluded that the petitioners were targeted for pecuniary reasons, rather than due to their familial relationship. The court disagreed, finding that substantial evidence supported the Board's conclusion that the harms suffered by the petitioners were motivated by pecuniary gain rather than familial ties. The court therefore denied the petition for review. View "Ayala-Osegueda v. Garland" on Justia Law

In this case, the United States Court of Appeals for the Eighth Circuit reviewed the Board of Immigration Appeals (BIA) decision to deny Peter David Davis's appeal to reopen his case. Davis, a Liberian citizen, was admitted as an asylee to the United States in 2008. However, following multiple criminal convictions, his asylum status was terminated and removal proceedings were initiated. Davis conceded his removability but requested a waiver of inadmissibility for humanitarian purposes, which was denied. His appeal to the BIA was also unsuccessful.On appeal to the Court of Appeals, Davis argued that the BIA erred by not providing a reasoned explanation for its application of the motion-to-reopen standard. The Court of Appeals agreed, stating that the BIA's single sentence explanation did not meet the requirements for reasoned decision-making, as it did not explain how the elements of a motion to reopen applied to Davis's case. The Court held that the BIA's decision was an abuse of discretion as it was without rational explanation and failed to consider all factors presented by Davis. Consequently, the Court granted Davis's petition for review and remanded the case back to the BIA for further proceedings. However, the Court did not address Davis's other arguments regarding due process and competency as they were related to the request to submit new evidence, which would be considered upon remand. View "Davis v. Garland" on Justia Law

In this case, the United States Court of Appeals for the Seventh Circuit reviewed the denial of asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”) for petitioner Kamaljit Singh, a native and citizen of India. Singh alleged that he had been persecuted in India due to his support for a minority political party, and feared return due to ongoing threats. The immigration judge (“IJ”) and the Board of Immigration Appeals (“BIA”) both denied Singh’s application on credibility grounds, finding inconsistencies in his account. On appeal, the Seventh Circuit upheld the BIA's decision, finding that the BIA's adverse credibility finding was supported by substantial evidence. The court also agreed with the BIA's determination that the harm Singh had suffered in India did not rise to the level of past persecution necessary to establish eligibility for asylum or withholding of removal. In addition, the court held that Singh had waived his claims for future persecution and CAT protection by failing to properly raise them before the BIA. Lastly, the court determined that Singh's due process claims, including a claim of ineffective assistance of counsel, had not been properly exhausted before the BIA and therefore could not be reviewed on appeal. As a result, Singh's petition for review was denied. View "Singh v. Merrick Garland" on Justia Law

The United States Court of Appeals for the Ninth Circuit heard the case of Ashley Rodriguez, a transgender woman who is a native and citizen of Mexico. The court reviewed the decision of the Board of Immigration Appeals (BIA) that denied her motion to remand her removal proceedings to the Immigration Judge (IJ) for the consideration of her application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).The court found that the BIA abused its discretion by failing to adequately address Rodriguez’s arguments in support of her motion to remand. Rodriguez had argued that she had good cause for missing the filing deadline for her application for asylum and other relief due to her homelessness and inability to access her personal documents during the relevant period. Her medical conditions and criminal history, which were relevant to her asylum application, were also unavailable for the same reasons.The court held that the BIA should have considered whether Rodriguez’s evidence was material and not reasonably available to her at the time of the final filing deadline. The court also held that the BIA had failed to properly evaluate whether Rodriguez had established good cause for missing the filing deadline.Thus, the court granted Rodriguez’s petition for review and remanded the case to the BIA to properly consider the merits of her motion. View "ALCAREZ-RODRIGUEZ V. GARLAND" on Justia Law

Guatemalan citizens Miguel Pascual-Miguel and his daughter, Erika Gabriela Pascual-Miguel, sought review of the Board of Immigration Appeals' (BIA) decision affirming the denial of their asylum, withholding of removal, and protection under the Convention Against Torture requests by an immigration judge. They also sought review of the BIA’s denial of motions to reopen for ineffective assistance of counsel and Mendez Rojas class membership. The United States Court of Appeals for the Eighth Circuit denied the petition, affirming the BIA's decisions. The court held that the denial of asylum, withholding of removal, and CAT relief was supported by substantial evidence. Specifically, the court noted that the petitioners failed to show any evidence of persecutory motive related to their home in Guatemala being burned down, as they didn't know who did it or why. The court also held that the BIA's denial of the motions to reopen was not an abuse of discretion. The court noted that the attorney's misconduct did not prejudice the outcome of the removal proceedings and that the petitioners failed to demonstrate a nexus between the harm suffered and any protected ground, even if they were members of the Mendez Rojas class. View "Pascual-Miguel v. Garland" on Justia Law

Petitioner is a native and citizen of Mexico. He was admitted to the United States as a lawful permanent resident in 2002. But in 2019, a jury convicted him of possessing methamphetamine, a controlled substance, with intent to deliver, in violation of Idaho Code section 37-2732(a)(1)(A). The Department of Homeland Security initiated removal proceedings in 2021, charging that Petitioner is removable (1) under 8 U.S.C. Section 1227(a)(2)(A)(iii), for having been convicted of an aggravated felony related to illicit trafficking in a controlled substance, and (2) under 8 U.S.C. Section 1227(a)(2)(B)(i), for having been convicted of violating a state law relating to a controlled substance. Petitioner filed a motion to terminate proceedings, asserting that his conviction is neither for an aggravated felony nor for a crime related to a controlled substance. The immigration judge disagreed and ordered Petitioner’s removal. The Board of Immigration Appeals (“BIA”) dismissed Petitioner’s appeal. Petitioner sought review of the final order of removal.   The Ninth Circuit denied Petitioner’s petition. Applying the modified categorical approach, the panel concluded that Petitioner’s conviction record clearly documents that his conviction involved methamphetamine, a controlled substance under federal and Idaho law. The panel next concluded that the required mental state under federal and Idaho law—knowledge—is the same in all relevant respects: the defendant either must know what the substance is (even if the defendant does not know that it is controlled) or must know that the substance is illegal (even if the defendant does not know what the substance is). View "TELLEZ-RAMIREZ V. GARLAND" on Justia Law

On July 6, 2023, the Fourth Circuit granted Petitioner's petition for review, reversed the agency’s denial of asylum and withholding of removal, and remanded with instructions to grant Petitioner's application. The Attorney General filed a petition for panel hearing, claiming that the Immigration and Nationality Act and implementing regulations require that the Attorney General make a discretionary judgment as to whether asylum should be granted, even where a noncitizen has met the statutory requirements.The Fourth Circuit agreed. The power to grant asylum is vested solely in the hands of the Attorney General and, even if a noncitizen is otherwise eligible, the Attorney General is empowered by statute to deny relief. While discretionary denials of asylum are exceedingly rare Petitioner's claim that there are no grounds to deny asylum as a matter of discretion must first be considered by the Attorney General. View "Shaker Ullah v. Merrick Garland" on Justia Law

The Ninth Circuit denied a petition for panel rehearing, and denied a petition for rehearing en banc, in a case in which the panel: (1) reversed a judgment of the district court granting Petitioner's habeas petition challenging his continued immigration detention after an initial bond hearing; and (2) held that due process does not require a second bond hearing.Judge Paez issued a statement regarding the court's denial. Judge Paez joined by Judges Murguia, Wardlaw, Gould, Berzon, Koh, Sung, Sanchez, H.A. Thomas, Mendoza, and Desai, wrote that the panel opinion conflicts with Singh v. Holder, 638 F.3d 1196 (9th Cir. 2011). View "AROLDO RODRIGUEZ DIAZ V. MERRICK GARLAND, ET AL" on Justia Law

Petitioner, a native and citizen of Mexico, reentered the United States without inspection in 2003. The Department of Homeland Security (“DHS”) ordered him removed to Mexico after reinstating an earlier removal order that had been entered against him in 1994. Petitioner expressed a fear of returning to Mexico. The asylum officer determined that Petitioner did not have a reasonable fear of such harm, and an immigration judge (“IJ”) affirmed that determination. Thirty days after the IJ’s decision—but more than thirty days after the date his removal order was reinstated—Petitioner petitioned for review on several grounds, including that the reasonable fear screening procedures established by federal regulation are inconsistent with the statutory provisions governing withholding of removal. Petitioner agreed that the thirty-day filing deadline is no longer jurisdictional, but still disagrees that his petition was untimely. Petitioner continues to maintain that Ortiz-Alfaro’s holding that petitions for review become ripe upon the conclusion of reasonable fear proceedings remains good law.   The Ninth Circuit denied Petitioner’s petition. The panel held that: (1) the thirty-day deadline for filing a petition for review set forth in 8 U.S.C. Section 1252(b)(1) is a nonjurisdictional rule; (2) Petitioner’s petition for review, which was filed within thirty days of the conclusion of his reasonable fear proceedings, but not within thirty days of the reinstatement of his removal order, was timely; and (3) the reasonable fear screening procedures established by regulation are consistent with the statutory provisions governing withholding of removal. The panel concluded that Petitioner’s petition was timely, however denied the petition on the merits. View "JOSE ALONSO-JUAREZ V. MERRICK GARLAND" on Justia Law