Justia U.S. 4th Circuit Court of Appeals Opinion Summaries

Petitioner, a citizen of Sudan, sought review of the BIA's order of removal based on his conviction of two crimes involving moral turpitude. Petitioner was convicted under state law in 2010 for sexual battery and in 2011 for failing to register as a sex offender. The court did not defer to the BIA's decision in Matter of Tobar-Lobo because the BIA erroneously based its conclusion on the registration statute's purpose and not the nature of a conviction under the statute. The court concluded that, because petitioner's failure to register conviction was not a crime involving moral turpitude, the BIA erred as a matter of law in relying on that conviction as a basis to order petitioner's removal under 8 U.S.C. 1227(a)(2)(A)(ii). Accordingly, the court granted the petition for review and reversed the BIA's decision, remanding with instructions. View "Mohamed v. Holder, Jr." on Justia Law

Petitioner, a native and citizen of the Philippines, entered the United States on a K-2 visa as the minor child of his mother, but he turned 21 before he applied for an adjust of status to lawful conditional permanent resident. The IJ denied the application because petitioner did not qualify as a minor child under 8 U.S.C. 1255(d) and the BIA affirmed. The court found the BIA's determination of "minor child" status in Matter of Le well-reasoned and concluded that the BIA's analysis embraces the existing statutory and regulatory framework, reaching a result consistent with that framework. The BIA's interpretation of the Immigration and Nationality Act - that a K-2 visa holder seeking adjustment of status must be under 21 at the time of admission - is therefore a permissible construction and is owed Chevron deference. Accordingly, the court denied the petition for review. View "Regis v. Holder, Jr." on Justia Law

Petitioner, a Guatemalan national residing in the United States, petitioned for review of the BIA's denial of his application for "special rule" cancellation of removal under the Nicaraguan Adjustment and Central American Relief Act (NACARA), 8 U.S.C. 1229b. The court concluded that petitioner did bear the burden of proving that he entered the United States free from official restraint; but he met that burden by relying on a border patrol agent's written report, which, the BIA expressly found, constituted the only credible and reliable evidence in the record that showed that the agent first saw petitioner at milepost nine, seventeen miles beyond the border; and, applying the principle in United States v. Hicks and numerous other cases, the court concluded that a party may rely on its opponent's evidence to make its own case. The Attorney General offered no reason why this principle does not apply in the immigration context and the court saw none; petitioner came under restraint as soon as the agent spotted him at milepost nine; the BIA failed to provide a reasoned explanation for departing with its own precedent; and every circuit to consider the issue has concluded that an alien first observed by a government agent miles beyond the border has entered free from official restraint - regardless of whether the party bearing the burden of proof has offered evidence of the circumstances of the alien's entry. Accordingly, the court granted the petition for review and remanded to the BIA to consider petitioner's application for NACARA relief in light of the proper legal standard. View "De Leon v. Holder, Jr." on Justia Law

Petitioner, a native and citizen of El Salvador, sought review of the BIA's order affirming the IJ's denial of asylum and withholding of removal because petitioner was not a member of a cognizable social group and, alternatively, because petitioner failed to establish a nexus between a social group and the death threats he received from MS-13. The court granted the petition for review and remanded for further proceedings, concluding that petitioner demonstrated a cognizable family-based social group because of his kinship ties to his cousin and uncle, both of whom MS-13 murdered on account of their membership in a rival gang. Further, the BIA's nexus analysis failed to build a rational bridge between the record and the agency's legal conclusion. View "Cordova v. Holder" on Justia Law

Petitioner sought discretionary relief from removal by way of a special rule cancellation under the Nicaraguan Adjustment and Central American Relief Act of 1997 (NACARA), 8 U.S.C. 1231 (b)(3)(i). Determining that petitioner's challenge was timely and that the court had jurisdiction under 8 U.S.C. 1252, the court concluded that the BIA did not err in concluding that the persecutor bar rendered him ineligible for special rule cancellation of removal where petitioner oversaw the investigation and capture of twenty to fifty civilians and guerrillas, and where petitioner most likely understood that the individuals investigated or arrested would be tortured or killed. The court rejected petitioner's remaining contentions and denied the petition for review. View "Quitanilla v. Holder, Jr." on Justia Law

Petitioner, a native and citizen of Nicaragua, argued that he met the requirements of 8 U.S.C. 1229b(b)(1)(A) and was therefore eligible for cancellation of removal. Shortly before the statute's ten years of physical presence requirement would accrue, DHS served petitioner with a notice to appear. On appeal, petitioner's main argument was that the notice to appear was invalid and thus did not stop the accrual of the ten-year statutory period. The court concluded that petitioner's original notice to appeal was not invalid where the court deferred to the BIA's reasonable interpretation of the statute and noted that the notice to appear substantially complied with the requirements of section 1229(a); the IJ did not abuse its discretion in denying the motion to terminate removal proceedings; DHS had discretion to amend the charge; the court lacked jurisdiction to review petitioner's contention that the IJ violated his procedural due process right by pretermitting his application for cancellation of removal, and because the court determined that deference to In re Camarillo was appropriate, the court need not reach the BIA's alternative rationale regarding fraud. Accordingly, the court denied in part and dismissed in part. View "Urbina v. Holder, Jr." on Justia Law

Petitioners, natives of China who have two children born in the United States, sought asylum and withholding of removal on the basis that one or both of them would be persecuted for having violated China's one-child policy, and for their Christian faith. The BIA and the IJ, relying on a 2007 State Department report, concluded that neither petitioner established a well-founded fear of persecution. The court granted the petition for review to the extent petitioners sought relief based on China's one-child policy where petitioners offered powerful contradictory evidence that required the agency to account for it in a meaningful way. The court remanded the claim to the BIA for further consideration. The court denied the petition for review to the extent it was grounded on the religious faith of petitioners. View "Chen v. Holder, Jr." on Justia Law

Petitioner, a citizen of El Salvador, requested that the Attorney General withhold removal under 8 U.S.C. 1231(b)(3). Petitioner claimed that as a former member of the violent Mara Salvatrucha gang (MS-13), he is a member of a particular social group and that he would be killed if sent back to El Salvador because he renounced his membership in MS-13. The court concluded that petitioner's proposed particular social group of former MS-13 members from El Salvador was immutable for withholding of removal purposes in that the only way that petitioner could change his membership in the group would be to rejoin MS-13. Accordingly, the court held that the BIA erred in its ruling on immutability and reversed and remanded. The court affirmed the district court's denial of relief under the Convention Against Torture because it was not supported by sufficient evidence. View "Martinez v. Holder, Jr." on Justia Law

Petitioner, a Tanzanian national who suffers from severe bipolar disorder, petitioned for review of the BIA's denial of his application for asylum. Petitioner argued that he faced severe persecution because of his membership in the social group of individuals with bipolar disorder who exhibit erratic behavior. The court vacated the BIA's social visibility finding because it rests on legal error; the BIA also committed legal error in concluding that petitioner's group lacked particularity; and petitioner's proposed group is immutable. Accordingly, the court granted the petition for review, vacated the BIA's order, and remanded for further consideration. View "Temu v. Holder, Jr." on Justia Law

Petitioner, a native and citizen of China, sought review of the denial of his application for asylum and withholding of removal based on his claim that government officials would sterilize him for violating China's one-child policy if he returns to China. The court concluded that the adverse credibility finding was supported by substantial evidence where the IJ and BIA identified specific and cogent reasons support this finding. Accordingly, the court denied the petition for review. To the extent that petitioner sought review of the BIA's denial of relief under the Convention Against Torture, the court concluded that the agency's decision was also supported by substantial evidence. View "Pan v. Holder" on Justia Law