Justia U.S. 11th Circuit Court of Appeals Opinion Summaries

Marvin Laguna Rivera, a Nicaraguan citizen, petitioned for review of a Board of Immigration Appeals (BIA) order affirming the Immigration Judge's (IJ) denial of his applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Laguna Rivera claimed that his political activities against the Nicaraguan government put his life in danger if he returned. The IJ found his testimony about recent threats not credible and determined that past persecution of his family members was too remote to establish a future threat to him. The BIA upheld the IJ's decision.The United States Court of Appeals for the Eleventh Circuit reviewed the case. Laguna Rivera argued that the court had jurisdiction to review the denial of his asylum petition despite its untimeliness and that the BIA's adverse credibility finding was not supported by substantial evidence. However, the court found that it lacked jurisdiction to review the asylum petition's timeliness due to controlling precedent. The court also determined that substantial evidence supported the BIA's adverse credibility finding and the denial of withholding of removal and CAT relief.The Eleventh Circuit held that it lacked jurisdiction to review the BIA's determination that Laguna Rivera's asylum application was untimely. The court also found that substantial evidence supported the BIA's conclusion that Laguna Rivera did not have a well-founded fear of future persecution, as his claims were based on dated incidents and unsubstantiated rumors. Consequently, the court dismissed the petition for review of the asylum claim and denied the petition for review of the withholding of removal and CAT claims. View "Rivera v. United States Attorney General" on Justia Law

Sheldon Turner, born in Jamaica to Jamaican parents Desmond and Roslyn Turner, entered the U.S. as a lawful permanent resident in 1990. His parents divorced in 1987, and his mother remarried twice, including a remarriage to Desmond in 1994. Roslyn naturalized as a U.S. citizen in 1999 while still married to Desmond. Turner was convicted of a felony in 2016, leading to removal proceedings initiated by the Department of Homeland Security.The Immigration Judge (IJ) denied Turner’s motion to terminate removal proceedings, finding that Turner did not derive U.S. citizenship from his mother’s naturalization because his parents were married at the time of her naturalization, thus not meeting the legal separation requirement under former 8 U.S.C. § 1432(a)(3). The IJ’s decision was based on the statute’s plain language and the rationale explained in Levy v. U.S. Attorney General. Turner’s appeal to the Board of Immigration Appeals (BIA) was dismissed, with the BIA agreeing that the statute requires a continuing legal separation at the time of naturalization.The United States Court of Appeals for the Eleventh Circuit reviewed the case and agreed with the BIA’s interpretation. The court held that former 8 U.S.C. § 1432(a)(3) imposes a continuing requirement of legal separation that must exist at the time all other conditions of derivative citizenship are satisfied. Since Turner’s mother was married to his father at the time of her naturalization, Turner did not derive automatic citizenship. The court denied Turner’s petition for review. View "Turner v. U.S. Attorney General" on Justia Law

Hector Diaz-Arellano, a Mexican national, entered the U.S. illegally in 1989. In 2017, the Department of Homeland Security charged him as a removable alien. Diaz-Arellano conceded removability but sought cancellation of removal, claiming it would cause "exceptional and extremely unusual hardship" to his U.S.-citizen daughter, who was under 21 at the time. However, by the time of his final removal hearing, his daughter had turned 21, making her ineligible as a qualifying relative under the statute.The Immigration Judge (IJ) initially warned Diaz-Arellano that his daughter's upcoming 21st birthday could affect his eligibility for cancellation of removal. Despite this, Diaz-Arellano delayed filing his application and did not object to a hearing date set after his daughter's birthday. At the final hearing, the IJ denied his application, noting that his daughter no longer qualified as a "child" under the statute. The Board of Immigration Appeals (BIA) affirmed this decision, citing Matter of Isidro-Zamorano, which holds that a child must be under 21 at the time of the final adjudication.The United States Court of Appeals for the Eleventh Circuit reviewed the BIA's decision. The court held that the statute unambiguously requires a qualifying relative to be under 21 at the time of the final decision on cancellation of removal. The court rejected Diaz-Arellano's argument that the BIA's interpretation was incorrect and found no undue or unfair delay in his proceedings that would warrant an exception. Consequently, the court denied Diaz-Arellano's petition for review, affirming that he was ineligible for cancellation of removal because his daughter was no longer a qualifying child. View "Diaz-Arellano v. U.S. Attorney General" on Justia Law

The plaintiffs, citizens of the Dominican Republic, requested records from three federal agencies under the Freedom of Information Act (FOIA) related to the revocation of their U.S. visas. The agencies produced some records but withheld others, citing FOIA exemptions, including Exemption 3 and the Immigration and Nationality Act (INA) § 222(f). The plaintiffs challenged the adequacy of the searches and the exemptions claimed by the agencies.The United States District Court for the Southern District of Florida reviewed the case. The government filed declarations from FOIA officials explaining the searches and the withheld records. The district court granted summary judgment in favor of the government, concluding that the agencies conducted adequate searches and properly invoked FOIA Exemption 3 to withhold and redact documents.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court affirmed the district court's decision, holding that the agencies conducted reasonable searches and properly invoked Exemption 3. The court found that INA § 222(f) qualifies as a withholding statute under Exemption 3 and that visa revocation records fall within its scope. The court also rejected the plaintiffs' arguments that the agencies' declarations violated the best evidence rule and that the searches were inadequate because they did not include alien number searches or routing requests to other DHS components. The court concluded that the agencies' actions were reasonable and in compliance with FOIA requirements. View "Jimenez v. Department of Homeland Security" on Justia Law

Three years after becoming a U.S. citizen, Melchor Munoz pleaded guilty to a drug-conspiracy offense, admitting under oath that he began trafficking marijuana in 2008. The government sought to denaturalize Munoz under 8 U.S.C. § 1451(a), alleging that his prior participation in the drug conspiracy made him ineligible for citizenship. The government moved for judgment on the pleadings, arguing that Munoz was collaterally and judicially estopped from denying his 2008 involvement. The district court granted the motion and entered a judgment denaturalizing Munoz.Previously, the United States District Court for the Northern District of Florida accepted Munoz’s guilty plea, where he admitted to drug trafficking starting in 2008. Munoz later moved to vacate his conviction, arguing ineffective assistance of counsel, but the motion was denied. The government then filed the denaturalization action, and the district court granted the government’s motion for judgment on the pleadings, applying both collateral and judicial estoppel.The United States Court of Appeals for the Eleventh Circuit reviewed the case. It concluded that collateral estoppel was unavailable because the starting date of Munoz’s drug offense was unnecessary to his prior conviction. The court also found that the district court abused its discretion in applying judicial estoppel, as the findings lacked evidentiary support. The Eleventh Circuit vacated the district court’s order and remanded for further proceedings, allowing Munoz to litigate the issue of when he began participating in the drug conspiracy. View "USA v. Munoz" on Justia Law

Ashraf Abdulkarim-Ali Alkotof, a Yemeni citizen, entered the U.S. on a B1/B2 visa in 2006 and overstayed. In 2010, the Department of Homeland Security (DHS) issued a notice to appear, alleging he was subject to removal. Alkotof admitted the allegations but sought adjustment of status based on an I-130 petition filed by his U.S. citizen spouse, Tiffany Alfano. After Alfano's petition was denied, Alkotof divorced her and married Hajer Ali Yehia, who filed another I-130 petition, which was initially approved but later revoked due to alleged marriage fraud. Alkotof appealed the revocation and also applied for a U-Visa as a crime victim.The Immigration Judge (IJ) continued Alkotof’s removal proceedings multiple times but ultimately ordered his removal in 2018, citing the lack of an approved I-130 petition and the speculative nature of his U-Visa application. Alkotof appealed to the Board of Immigration Appeals (BIA), which dismissed his appeal and denied his motion to remand for cancellation of removal, citing insufficient evidence to rebut the marriage fraud finding.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court concluded it lacked jurisdiction over the BIA’s denial of Alkotof’s motion to remand for cancellation of removal, as it involved discretionary judgment. The court also found that the BIA did not abuse its discretion in denying Alkotof’s request for administrative closure or a continuance. The court noted that Alkotof was ineligible for adjustment of status due to the revoked I-130 petition and that he could continue to pursue his U-Visa application even after removal. Consequently, the court affirmed in part and dismissed in part Alkotof’s petition for review. View "Ashraf Abdulkarim-Ali Alkotof v. Attorney General" on Justia Law

The case involves Martha Isabel Rosales-Mendez, a Honduran native who illegally entered the United States. After being apprehended by border patrol agents, she was served with a notice to appear for a removal hearing. The agents recorded an address provided by her boyfriend over the phone, which turned out to be incorrect. Consequently, Rosales-Mendez did not receive the second notice setting the date and time of her removal hearing, leading to her being ordered removed in absentia when she failed to appear.Rosales-Mendez's case was initially reviewed by an immigration judge who ordered her removal in absentia after she failed to attend the hearing. She later discovered the removal order and moved to reopen the removal proceeding, arguing lack of notice. However, the immigration judge denied the motion. The Board of Immigration Appeals affirmed the decision, stating that since Rosales-Mendez failed to provide a correct address, the officials were excused from providing her notice of her removal hearing.The United States Court of Appeals for the Eleventh Circuit denied Rosales-Mendez's petition for review. The court held that immigration officials were not required to give notice of a removal hearing to an alien who provided them an inaccurate home address. The court reasoned that Rosales-Mendez, through her boyfriend, provided an incorrect address and failed to correct it, thereby forfeiting her right to actual notice of her removal hearing. The court concluded that Rosales-Mendez was properly ordered removed in absentia. View "Rosales-Mendez v. U.S. Attorney General" on Justia Law

A transgender woman from Mexico, identified as A.P.A., who unlawfully immigrated to the United States as a child, faced deportation proceedings after being convicted of driving under the influence. In response, A.P.A. petitioned for asylum, withholding of removal, and protection under the Convention Against Torture (“CAT”), citing past abuse by a custodial uncle in Mexico and fear of future persecution and torture due to her transgender status. The immigration judge denied these requests, and the Board of Immigration Appeals (“BIA”) affirmed the decision.The BIA determined that A.P.A.'s asylum claim was untimely and did not meet the exception to the one-year deadline based on "changed" or "extraordinary circumstances." The BIA also concluded that A.P.A. had not shown past persecution or a well-founded fear of future persecution in Mexico as a transgender woman. The BIA denied A.P.A.'s request for CAT relief for the same reasons.The United States Court of Appeals for the Eleventh Circuit reviewed the case. The court concluded that it lacked jurisdiction to review the denial of the asylum application based on its timeliness, as per the statute and previous court decisions. The court also found that substantial evidence supported the BIA’s decision that A.P.A. was not likely to suffer future persecution or torture as a transgender woman in Mexico. Therefore, the court denied the petition for review in part and dismissed it in part. View "A.P.A. v. U.S. Attorney General" on Justia Law

The case involves Marken Leger, a Haitian citizen who has lived in the United States as an asylee since 2000. In 2009, Leger pleaded no contest to a charge of lewd and lascivious battery, in violation of Florida Statute § 800.04(4). In 2013 and 2018, Leger pleaded no contest to two other offenses, both for the possession of marijuana, in violation of Florida Statute § 893.13(6)(b). The government initiated removal proceedings against him in 2019, alleging that his convictions made him removable under the Immigration and Nationality Act (INA).The immigration judge concluded that Leger was removable, finding that his marijuana possession convictions constituted controlled substance offenses under the INA and that his conviction under Florida Statute § 800.04(4) was an aggravated felony. Leger appealed to the Board of Immigration Appeals (BIA), which affirmed the immigration judge’s decision.In the United States Court of Appeals for the Eleventh Circuit, the court held that Leger's marijuana possession convictions did not constitute controlled substance offenses as defined under federal law, and thus, the BIA erred in determining that Leger was subject to removal on these grounds. The court also held that Leger's conviction under Florida Statute § 800.04(4) did not constitute the sexual abuse of a minor and was not an aggravated felony under the INA. The court vacated the BIA's decision and remanded the case for further proceedings. View "Marken Leger v. U.S. Attorney General" on Justia Law

The case involves a Venezuelan couple, Carlos Cuenca Figueredo and Yauri Rojas, who had a son, C.R. After their separation and divorce, they shared custody of C.R. in Venezuela. However, Rojas took C.R. to the United States without Figueredo's knowledge or permission. Twenty months after Rojas left Venezuela with C.R., Figueredo filed a petition in the Middle District of Florida seeking his son’s return under the Hague Convention on the Civil Aspects of International Child Abduction.The Middle District of Florida found that C.R. was settled in his new environment in the United States. The court considered factors such as C.R.'s stable residence, school attendance, community participation, and Rojas's employment and financial stability. The court also took into account C.R. and his mother's immigration status, noting that Rojas had been granted authorization to remain and work in the United States while her asylum application was pending. Consequently, the court denied Figueredo's petition for C.R.'s return.The United States Court of Appeals for the Eleventh Circuit affirmed the lower court's decision. The appellate court held that a child's immigration status is one relevant factor in determining whether a child is settled in a new environment. The court found that the district court did not err in finding that C.R. was settled in his new environment and did not abuse its discretion in refusing to order his return to Venezuela. View "Alberto Cuenca Figueredo v. Del Carmen Rojas" on Justia Law