Case Type
  • GUZMAN CHAVEZ v. HOTT

    Holding that immigrants with reinstated removal orders pending withholding-only proceedings are detained pursuant to 8 U.S.C. § 1226, not  8 U.S.C. § 1231, and as such, are entitled to individual bond hearings.
     

    Date of Decision
    Publication Status
    Published
    Case Type
    Due Process
  • ROMERO v. BARR

    Holding that 8 C.F.R. §§ 1003.10(b) and 1003.1(d)(1)(ii) confer on Immigration Judges and the Board of Immigration Appeals the general authority to administratively close cases, and thus the Attorney General's interpretation of those statutory provisions in Matter of Castro-Tum, 27 I. & N. Dec. 271 (A.G. 2018) was in error.

    Date of Decision
    Publication Status
    Published
    Case Type
    Procedural
  • AGUILAR-AVILA v. BARR

    Permitting Petitioner to allege membership in a particular social group not raised in her opening brief due to her attorney's "poor performance" and holding that the Board committed reversible error by (1) failing to explain why Petitioner's purported particular social group did not pass muster; (2) erroneously requiring that Petitioner establish that she could not reasonably relocate in evaluating the existence of past persecution; and (3) failing to address Petitioner's testimony that she sought the help of police but was turned away in determining government acquiesence.

    Date of Decision
    Publication Status
    Unpublished
    Case Type
    Fear-based
    Procedural
  • PEREZ-MORALES v. BARR

    Holding that (1) the BIA's determination that the Petitioner was ineligible for asylum and withholding because he failed to show nexus was not supported by substantial evidence; (2) the BIA erred when it found that Petitioner could safely relocate within Guatemala, and; (3) the BIA must reconsider the government acquiescence element of Petitioner's CAT claim in light of recent 4th Circuit precedent.    

    Date of Decision
    Publication Status
    Unpublished
    Case Type
    Fear-based
    Relief Eligibility
  • CABRERA v. BARR

    Holding that (1) Petitioner exhausted his administrative remedies because the BIA had ruled definitively on the sole issue raised in the petition for review, and (2) the Virginia offense of participating in criminal street gang activity is not categorically a crime involving moral turpitude.

    Date of Decision
    Publication Status
    Published
    Case Type
    Criminal-Immigration Consequences
    Procedural
  • ZAMBRANO REYES v. BARR

    Holding that (1) the fact that Notice to Appear did not provide time and date of hearing did not deprive the immigration court of jurisdiction over Petitioner's proceedings and (2) Board did not abuse its discretion in denying Petitioner's motion to reopen based on eligibility for VAWA relief because Petitioner failed to establish that alleged battery was a central reason for his failure to comply with terms of voluntary departure.

    Date of Decision
    Publication Status
    Unpublished
    Case Type
    Motions to Reopen
    Procedural
  • UNITED STATES v. CORTEZ

    Holding that (1) non-citizen could not collaterally attack his prior removal order in subsequent illegal reentry criminal proceedings because the conditions prescribed by 8  U.S.C. § 1326(d) were not met; (2) the lack of date and time in the notice to appear (NTA) did not implicate immigration court’s adjudicatory authority; and (3) the date and time for subsequent removal hearing need not be included in NTA to initiate removal proceedings.

    Date of Decision
    Publication Status
    Published
    Case Type
    Procedural
  • DIAZ-VELASQUEZ v. BARR

    Holding that the record compelled the conclusion that Petitioner's membership in his family, a particular social group, was at least one central reason that gang members who were trying to extort Petitioner's family attacked and threatened him.

    Date of Decision
    Publication Status
    Unpublished
    Case Type
    Fear-based
  • UNITED STATES. v. MURILLO

    Holding that counsel's alleged deficiency in failing to inform defendant, a legal permanent resident, that he would be automatically deported if he pled guilty to possession with intent to distribute cocaine was prejudicial under Strickland analysis, and thus supported defendant's ineffective assistance of counsel claim.

    Date of Decision
    Publication Status
    Published
    Case Type
    Criminal-Immigration Consequences
  • ALVAREZ LAGOS v. BARR

    Holding that (1) BIA failed to consider relevant evidence in determining that Petitioner failed to show nexus, (2) Petitioner's membership in proposed PSG of "unmarried mothers living under control of gangs" and imputed anti-gang political opinion were one central reason for her harm, (3) IJ erred in finding that Petitioner's proposed PSG did not satisfy particularity and social distinction requirements and that she did not establish an imputed political opinion, and (4) IJ and BIA failed to meaningfully engage with evidence regarding likelihood of torture and acquiescence for CAT relief.

    Date of Decision
    Publication Status
    Published
    Case Type
    Fear-based
  • ORELLANA v. BARR

    Holding that, for Petitioner's applications for asylum, withholding of removal, and CAT protection, the agency disregarded and distorted important aspects of Petitioner’s testimony in concluding that Salvadoran government was willing and able to protect her from her abuser.

    Date of Decision
    Publication Status
    Published
    Case Type
    Fear-based
  • THOMPSON v. BARR

    Holding that taking custodial indecent liberties with a child under Va. Code § 18.2-370.1(A) constitutes a "sexual abuse of a minor" aggravated felony. 

    Date of Decision
    Publication Status
    Published
    Case Type
    Criminal-Immigration Consequences
  • TUN-COS v. PERROTTE

    Holding that a Bivens remedy was not available in the context of the Fourth and Fifth Amendment claims of nine Latino men against ICE agents for stops, detentions, and home invasions.   

    Date of Decision
    Publication Status
    Published
    Case Type
    Due Process
  • UPATCHA v. BARR

    Holding that, following remand, the agency properly denied Petitioner's application for an 8 U.S.C. § 1186a(c)(4)(B) good faith marriage waiver because (1) the Court lacked jurisdiction to consider the agency's adverse credibility determination and weighing of evidence, (2) Petitioner failed to submit sufficient evidence to satisfy the statutory standard for a good faith marriage, and (3) the immigration judge did not violate Petitioner's due process rights at the merits hearing.

    Date of Decision
    Publication Status
    Unpublished
    Case Type
    Discretionary Relief
    Due Process
    Relief Eligibility
  • CABRERA VASQUEZ v. BARR

    Ruling that Board’s failure to fully consider Petitioner’s testimony regarding government acquiescence warranted remand of CAT claim.

    Date of Decision
    Publication Status
    Published
    Case Type
    Fear-based
  • DUNCAN v. BARR

    Holding that the questions of (1) whether the government would acquiesce in torture for the purpose of CAT relief and (2) whether the Petitioner was in the "physical custody" of his father for purpose of derivation of citizenship under the Child Citizenship Act of 2000 are mixed questions of fact and law subject to de novo review by the Board of Immigration Appeals.

    Date of Decision
    Publication Status
    Published
    Case Type
    Procedural
  • ROMERO v. BARR

    Holding that because Petitioner's record of conviction was inconclusive as to whether his 1985 conviction for “sell[ing]/furnish[ing]/etc. marijuana, hash” in violation of Cal. Health & Safety Code § 11360(a) (West 1975) constituted an aggravated felony, he failed to establish eligibility for special rule cancellation of removal under NACARA.  

    Date of Decision
    Publication Status
    Unpublished
    Case Type
    Criminal-Immigration Consequences
    Relief Eligibility
  • RODRIGUEZ-ARIAS v. WHITAKER

    Holding that the agency legally erred in denying Petitioner CAT relief because it (1) failed to aggregate Petitioner's risk of torture from all three of the entities that Petitioner feared and determine whether that sum exceeded 50%; and (2) did not meaningfully engage with or consider country-conditions evidence as a whole.

    Date of Decision
    Publication Status
    Published
    Case Type
    Fear-based
    Procedural
  • CRUZ-QUINTANILLA v. WHITAKER

    Holding that (1) because the Petitioner was removable based on his commission of an aggravated felony or specific firearm offense, whether Petitioner established, for CAT relief, that the government would acquiesce in his torture is a mixed question of law and fact that falls outside of the Fourth Circuit's jurisdiction and (2) the immigration judge’s determination that Petitioner failed to establish government acquiescence is subject to de novo review by the BIA.

    Date of Decision
    Publication Status
    Published
    Case Type
    Criminal-Immigration Consequences
    Fear-based
    Procedural
  • PEREZ v. CISSNA

    Pursuant to Administrative Procedure Act (APA) review, upholding USCIS's determination that Plaintiff's temporary ex parte emergency state court custody order did not qualify as a predicate state court custody order for special immigrant juvenile status (SIJS).

    Date of Decision
    Publication Status
    Published
    Case Type
    Relief Eligibility
  • SANMARTIN PRADO v. WHITAKER

    Upholding the Board of Immigration Appeals’ finding that Maryland second-degree child abuse pursuant to Md. Code Ann., Crim. Law § 3-601(a)(2), (d) is categorically a crime of child abuse, child neglect, or child abandonment under 8 U.S.C. § 1227(a)(2)(E)(i).

    Date of Decision
    Publication Status
    Unpublished
    Case Type
    Criminal-Immigration Consequences
  • CORTEZ-MENDEZ v. WHITAKER

    Holding that Petitioner failed to show nexus because he presented no evidence that gangs harassed him on account of his father’s disability.

    Date of Decision
    Publication Status
    Published
    Case Type
    Fear-based
  • MAURICIO-VASQUEZ v. WHITAKER

    Holding that, in proving Petitioner's removability based on his commission of a crime involving moral turpitude within five years of his admission to the United States, the Department of Homeland Security (DHS) had the burden of affirmatively establishing date of Petitioner's admission by clear and convincing evidence, and DHS failed to establish that Petitioner committed crime within five years of his admission.

    Date of Decision
    Publication Status
    Published
    Case Type
    Criminal-Immigration Consequences
    Procedural
  • TAIROU v. WHITAKER

    Holding that the Board of Immigration Appeals abused its discretion in finding that Petitioner was not subjected to past persecution where binding precedent explicitly holds that a threat of death constitutes persecution and recognizing "homosexuals in Benin" as a particular social group.

    Date of Decision
    Publication Status
    Published
    Case Type
    Fear-based
  • HERCULES-TORRES v. WHITAKER

    Holding that, where the immigration judge made an explicit finding that the persecutor's motive was not on account of a protected ground, the issue of persecutor’s motive is a factual finding that controls the one central reason inquiry for the nexus element under a clear error standard at the BIA that does not authorize de novo review at the circuit court; Declining to review and leaving open whether the BIA precedent in Matter of C-T-L-, 25 I&N Dec.

    Date of Decision
    Publication Status
    Unpublished
    Case Type
    Fear-based
    Procedural
  • TOFU v. WHITAKER

    Holding that the immigration judge's adverse credibility determination was supported by substantial evidence; the immigration judge did not err by improperly discounting the Petitioner's corroborating evidence when denying his application for asylum; the immigration judge did not err, on remand, by conducting an additional hearing and taking oral testimony before denying Petitioner's application for asylum; and the immigration judge's determination that the Petitioner did not demonstrate a likelihood that he would be tortured if returned to Bangladesh was supported by substantial evidence.

    Date of Decision
    Publication Status
    Unpublished
    Case Type
    Fear-based
    Procedural
  • SHAW v. SESSIONS

    Holding that (1) Petitioner's conviction for conspiracy to possess marijuana with intent to distribute, in violation of New Jersey's general conspiracy statute, N.J. Stat. Ann.

    Date of Decision
    Publication Status
    Published
    Case Type
    Criminal-Immigration Consequences
  • SHENG DA DONG v. SESSIONS

    Holding that substantial evidence did not support the Board of Immigration Appeals' determination that the government had established a fundamental change in circumstances to rebut the Petitioner's well-founded fear of persecution for asylum and withholding of removal, and that the agency erred in placing the burden on Petitioner to prove that he could not avoid future persecution through internal relocation, rather than the government to show that he could avoid future persecution by relocating.

    Date of Decision
    Publication Status
    Unpublished
    Case Type
    Fear-based
    Procedural
  • GUZMAN GONZALES v. SESSIONS

    Holding that the imposition of $100 in court costs, assessed attendant to a prayer for judgment continued under North Carolina law, does not qualify as a penalty or punishment to constitute a “conviction” within the meaning of the Immigration and Naturalization Act under 8 U.S.C. § 1101(a)(48)(A) and thus, Petitioner was not statutorily barred from cancellation of removal for nonpermanent residents.

    Date of Decision
    Publication Status
    Published
    Case Type
    Criminal-Immigration Consequences
    Relief Eligibility
  • MARTINEZ v. SESSIONS

    Holding that Maryland consolidated theft, Md. Code Ann., Crim. Law § 7-104, is not a crime involving moral turpitude (CIMT) because it punishes de minimis, or minor, takings and is indivisible.

    Date of Decision
    Publication Status
    Published
    Case Type
    Criminal-Immigration Consequences
  • GUEVARA-SOLORZANO v. SESSIONS

    Holding that (1) Petitioner's Tennessee conviction for unlawful possession of marijuana with intent to distribute, in violation of Tenn. Code § 39-17-417, constitutes both an aggravated felony and a crime involving moral turpitude (CIMT) and Court thus lacked jurisdiction to review BIA's denial of Petitioner's motion to reopen, (2) Petitioner was ineligible for § 212(c) waiver because one of the CIMT convictions that rendered him removable occurred after the repeal of § 212(c), and (3) Petitioner was ineligible for cancellation of removal for LPRs due to aggravated felony conviction.

    Date of Decision
    Publication Status
    Published
    Case Type
    Criminal-Immigration Consequences
    Motions to Reopen
    Procedural
    Relief Eligibility
  • LARA-AGUILAR v. SESSIONS

    Holding that, pursuant to Mejia v. Sessions, 866 F.3d 573, 584 (4th Cir. 2017) and 8 U.S.C. § 1231(a)(5), Petitioner, who was subjected to a reinstated order of removal, could not apply for asylum, even though the factual basis for his asylum claim did not exist prior to his removal.

    Date of Decision
    Publication Status
    Published
    Case Type
    Fear-based
    Relief Eligibility
  • ATSEYINKU v. SESSIONS

    Holding that the Board of Immigration Appeals did not abuse its discretion in denying (1) Petitioner's motion to reconsider the conclusion that Petitioner had abandoned her status as a lawful permanent resident based on her extended trips to her home country and (2) Petitioner's motion to reopen because the evidence Petitioner sought to present could have been previously presented and would not have changed the outcome of the case.

    Date of Decision
    Publication Status
    Unpublished
    Case Type
    Motions to Reopen
    Procedural
  • RAMIREZ v. SESSIONS

    Holding that (1) Petitioner administratively exhausted issue of whether offense was a crime involving moral turpitude (CIMT) despite making more nuanced points and citing new cases for the first time on petition for review and (2) Virginia obstruction of justice pursuant to Va. Code Ann. § 18.2- 460(A) does not constitute a CIMT because it does not categorically involve turpitudinous conduct, and (3) ordering Government to facilitate Petitioner's return to the United States to restore him to his pre-removal status and effectuate judicial review.

    Date of Decision
    Publication Status
    Published
    Case Type
    Criminal-Immigration Consequences
    Procedural
  • ROMERO v. SESSIONS

    Holding that generalized expert and country condition evidence is insufficient to establish probability of torture and government acquiescence to torture by Salvadoran gangs for purposes of a CAT claim. 

    Date of Decision
    Publication Status
    Unpublished
    Case Type
    Fear-based
  • SANCHEZ v. SESSIONS

    Declining to apply full exclusionary rule to immigration proceedings and upholding agency's denial of Petitioner's motion to suppress statements he made to police officers and ICE agents admitting that he was without status because Petitioner failed to establish an egregious Fourth Amendment or due process violation.

    Date of Decision
    Publication Status
    Published
    Case Type
    Due Process
    Procedural
  • AMIN v. SESSIONS

    Holding that the immigration judge did not abuse his discretion or violate due process in denying a continuance after Petitioner retained new counsel, and upholding the immigration judge's denial of Petitioner's application for an 8 U.S.C. § 1186a(c)(4)(B) good faith marriage waiver because (1) the Court lacked jurisdiction to review the agency’s weighing of evidence, (2) the Board applied the correct standard of review, and (3) Petitioner’s evidence failed to satisfy the statutory standard for a good faith marriage.

    Date of Decision
    Publication Status
    Unpublished
    Case Type
    Discretionary Relief
    Due Process
    Procedural
    Relief Eligibility
  • JIMENEZ-CEDILLO v. SESSIONS

    Ruling that Board erred in concluding that Maryland sexual solicitation of a minor, Md. Code Ann., Crim. Law § 3-324, is a crime involving moral turpitude (CIMT), where, after Petitioner pled guilty to the offense. the Board reversed its prior precedent to hold that offense was a CIMT without acknowledging or explaining its change in position.

    Date of Decision
    Publication Status
    Published
    Case Type
    Criminal-Immigration Consequences
    Procedural
  • SALGADO-SOSA v. SESSIONS

    Ruling that (1) For withholding of removal, Petitioner’s family relationship was a central reason for Petitioner's persecution, which resulted from Petitioner's stepfather’s actions to protect family from gang, (2) Remand was required to consider whether, pursuant to Zambrano v. Sessions, 878 F.3d 84 (4th Cir. 2017), Petitioner demonstrated changed circumstances in the form of the intensification of a preexisting threat of persecution to excuse the untimeliness of his asylum application, and (3) Substantial evidence supported the agency's denial of CAT relief.

    Date of Decision
    Publication Status
    Published
    Case Type
    Fear-based
    Procedural
  • ZAVALETA-POLICIANO v. SESSIONS

    Holding that, in denying asylum and withholding of removal, agency erred in concluding that Petitioner had failed to show that gang's extortion and threats were on account of her relationship to her father.

    Date of Decision
    Publication Status
    Published
    Case Type
    Fear-based