13 results for 'court:"Board of Immigration Appeals"'.
J. Goodwin dismisses the petition to remain in the US filed by the relative of the US citizen-adopted child. The grandmother of the Cabo Verde citizen adopted the child in Massachusetts. She did not submit sufficient evidence showing the child was not a habitual citizen of Cabo Verde, and the director issued a notice of intent to deny. The petitioner submitted documents to the board on appeal that were not submitted to the director. Though she says that she made “many unsuccessful attempts to contact the Hague Central Authority of Cabo Verde," the board will not accept evidence offered for the first time on appeal.
Court: Board of Immigration Appeals, Judge: Goodwin , Filed On: May 17, 2024, Case #: 4075, Categories: Family Law, Immigration, International Law
J. Greer finds the immigration judge properly denied the El Salvadoran citizen's application for withholding of removal and protection. The immigrant was ordered removed for not having proper documentation after entry. He is properly found not to be included in the category of individuals covered by a cited regulation because he was not initially placed in expedited removal proceedings and immigration services did not adjudicate his asylum application. The immigrant did also not establish a nexus to his family-based particular social group, though the judge should consider additional evidence on remand. Affirmed in part.
Court: Board of Immigration Appeals, Judge: Greer , Filed On: March 14, 2024, Case #: 4074, Categories: Evidence, Immigration, Due Process
J. Petty denies the Sudanese citizen's motion to reopen and terminate his removal proceedings. Found to be removable based on his convictions for two theft offenses and denied all relief from removal, the immigrant has not established the state court, as he claims, vacated his original convictions because of a procedural or substantive defect in the underlying criminal proceedings.
Court: Board of Immigration Appeals, Judge: Petty , Filed On: February 23, 2024, Case #: 4073, Categories: Immigration, Theft, Due Process
J. Liebmann dismisses the Argentinian citizen's appeal of the immigration judge's denial of his petition to remove conditions on his residence. The immigrant's wife, a U.S. citizen, withdrew the petition to remove conditions, alleging their marriage was fraudulent. Although the immigrant claims his wife withdrew the petition under duress because she was facing pending criminal charges, she did not testify on his behalf nor provide an affidavit to support his assertions.
Court: Board of Immigration Appeals, Judge: Liebmann , Filed On: February 7, 2024, Case #: 4072, Categories: Fraud, Immigration
J. Wetmore sustains the Mexican citizen's interlocutory appeal challenging the immigration judge’s denial of his motion to cancel removal. The immigrant says the notice was defective in not including the time and place to appear. The Department of Homeland Security filed the improper form as remedy, contrary to the Supreme Court’s decision in a relevant case that the time and place of the initial hearing could not be remedied by issuance of a notice of hearing, which does not trigger the stop-time rule for cancellation of removal.
Court: Board of Immigration Appeals, Judge: Wetmore , Filed On: January 31, 2024, Case #: 4071, Categories: Immigration, Due Process
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J. Petty dismisses the Russian citizen's appeal of the immigration judge's denial of his request for custody redetermination. The former Soviet and current Russian citizen was released on bail from charges of money laundering and running a prostitution ring. He says his release precludes the immigration judge from determining a flight risk involving immigration custody. A respondent’s release from federal pretrial criminal custody does not preclude an immigration judge from denying release from immigration detention. The judge must determine whether he has merited release on bond under the provisions of the Immigration and Nationality Act.
Court: Board of Immigration Appeals, Judge: Petty, Filed On: January 11, 2024, Case #: 4070, Categories: Immigration, Bail, Money Laundering
J. Petty finds the immigration judge improperly granted the Department of Homeland Security’s motion to terminate the conditional permanent resident's removal proceedings. After his divorce from a U.S. citizen, he filed a petition to remove conditions on his permanent residence. Immigration services concluded he had married in order to evade immigration laws and terminated his resident status. The immigration judge granted his petition for review but did not thoroughly consider the resident's petition to remove conditions or his objection to termination. Without this review, the resident is left in “legal limbo," no longer being a lawful permanent resident, while not having been found deportable. Vacated.
Court: Board of Immigration Appeals, Judge: Petty , Filed On: December 19, 2023, Case #: 4069, Categories: Immigration, Due Process
J. Malphrus dismisses this appeal concerning an immigration judge's denial of the Mexican citizens' applications for asylum and withholding of removal. A criminal cartel forced the citizens off their land in Mexico and they applied for asylum in the U.S. based on their membership in a particular social group consisting of their family and perceived members of their household. The Mexican citizens did not show a connection between the claimed harm and their membership in the social group, but rather the cartel is found to have been motivated by a desire to control the land, rather than by family membership.
Court: Board of Immigration Appeals, Judge: Malphrus, Filed On: December 1, 2023, Case #: 4068, Categories: Evidence, Immigration
J. Greer grants the Trinidadian citizen’s motion to terminate removal proceedings initiated after he was convicted for identity theft, larceny and possession of stolen property. He timely exercised his right to file a motion for leave to file a late notice of appeal, which was accepted. An accepted appeal is classified as a direct appeal, and with this pending appeal, there is no final conviction for immigration purposes.
Court: Board of Immigration Appeals, Judge: Greer , Filed On: October 23, 2023, Case #: 4067, Categories: Immigration, Due Process
J. Greer finds the Immigration Judge improperly granted the respondents’ application for adjustment of status. Respondents were encountered near the southern border, having entered without inspection, admission, on parole. The Cuban Adjustment Act, under which the IJ found them to be eligible for adjustment of status, requires respondents to have been inspected, admitted or paroled. Their release by the DHS on conditional parole is legally distinct from release on humanitarian parole. Vacated and remanded.
Court: Board of Immigration Appeals, Judge: Greer, Filed On: September 11, 2023, Case #: 4066, Categories: Immigration, Due Process
J. Noferi finds the Immigration Judge improperly denied the Dominican Republic native’s applications for asylum and withholding of removal. Though the immigrant has proven that he is a member of two cognizable social groups, being gay and HIV-positive, the judge concluded that he did not establish that the harm he suffered by his father in the Dominican Republic was due to a protected ground since his father did not then know he was gay. The judge’s analysis does not address all relevant evidence regarding the father’s motive for harm, such as the declarations from the respondent, his brother, and his uncle stating that the father singled him out for abuse because he suspected he was gay. Remanded.
Court: Board of Immigration Appeals, Judge: Noferi, Filed On: September 11, 2023, Case #: 4065, Categories: Civil Rights, Evidence, Immigration
J. Malphrus grants the respondent’s motion to remand the record of his removal proceedings and the denial of his application for protection under the Convention Against Torture to the immigration judge. The respondent claims two men wearing police uniforms detained him in the Dominican Republic, stabbed him with a screwdriver and ordered him to repay money. He says the men shot him and that he was hospitalized, then released into the custody of the same men, who again stabbed him. Review of the claim should include a determination as to whether the men were actual police officers and, if so, whether their conduct was undertaken “in an official capacity.”
Court: Board of Immigration Appeals, Judge: Malphrus, Filed On: August 11, 2023, Case #: 4064, Categories: Evidence, Immigration, Due Process
J. Goodwin dismisses the appeal of the lawful permanent resident who was found removable as charged for having been convicted of an aggravated felony. The immigration judge found that the conviction was for an aggravated felony burglary offense but did not decide whether the respondent had been convicted of a crime of violence. The Board of Immigration Appeals concludes that the respondent has been convicted of an aggravated felony crime of violence as defined according to relevant immigration criminal law, for displaying a firearm during the robbery, and is thus removable. There is a concurring and dissenting opinion.
Court: Board of Immigration Appeals, Judge: Goodwin, Filed On: May 23, 2023, Case #: 4063, Categories: Firearms, Immigration, Robbery