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

Articles Posted in Immigration Law

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The Eleventh Circuit held that substantial evidence supported the BIA's decision that petitioner had not suffered past persecution by the Cameroonian police and that he lacked a well-founded fear of future persecution. The court held that the BIA was entitled to find that any mistreatment petitioner suffered did not rise to the level of persecution, to find that the police investigated his mistreatment, and to rely on country reports published by the State Department stating that conditions in Cameroon were improving for gay individuals. Finally, petitioner was not denied due process. Accordingly, the court denied his petition for review. View "Sama v. U.S. Attorney General" on Justia Law

Posted in: Immigration Law

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The Eleventh Circuit denied a petition for review of the BIA's decision affirming the IJ's order of removal based on his five criminal convictions for drug offenses under Florida Statute 893.13. The court held that the BIA did not err in concluding that petitioner was ineligible for cancellation of removal because his Florida conviction for sale of cocaine, in violation of Fla. Stat. 893.13(1)(a)(1), constituted "illicit trafficking" within the meaning of 8 U.S.C. 1101(a)(43)(B). View "Choizilme v. U.S. Attorney General" on Justia Law

Posted in: Immigration Law

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The Eleventh Circuit granted the petition for review of the BIA's denial of cancellation of removal. In this case, petitioner satisfied the third requirement of eligibility for cancellation of removal where the Florida statute under which petitioner had been convicted, trafficking in cocaine, was neither divisible nor had a categorical match in the Controlled Substance Act (CSA). Therefore, the court vacated the BIA's decision and remanded for further proceedings. View "Francisco v. U.S. Attorney General" on Justia Law

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The Eleventh Circuit granted a petition for panel rehearing, withdrew the previous published opinion, and substituted this opinion. The court denied the petition for review of the BIA's order affirming petitioner's removal from the United States. The court held that 8 U.S.C. 1432(a) did not discriminate based on gender where, had the situation been reversed, if petitioner's mother had become a lawful permanent resident, was naturalized, and raised him in the United States while his father remained in Jamaica, he still would not have derived citizenship because his parents never legally separated. The court also held that section 1432(a) did not unconstitutionally discriminate based on legitimacy and, in the alternative, assuming without deciding that section 1432(a)(3)'s distinction based on marital choice was a legitimacy based classification, the statute passed constitutional muster. The court agreed with its sister circuits that section 1432(a) was substantially related to protecting parental rights. Finally, section 1432(a) did not unconstitutionally burden petitioner's fundamental right to maintain a family unit. View "Levy v. U.S. Attorney General" on Justia Law

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The Eleventh Circuit granted a petition for review of the BIA's decision denying petitioner's application for cancellation of removal and ordering removal. The court held that petitioner's narcotics conviction did not disqualify her from cancellation of removal, because the Florida statute under which she was convicted did not qualify as an aggravated felony where it was indivisible and categorically overbroad. The court remanded for the BIA to reconsider petitioner's application. View "Cintron v. U.S. Attorney General" on Justia Law

Posted in: Immigration Law

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The Eleventh Circuit granted a petition for review of the BIA's decision denying petitioner's application for cancellation of removal and ordering removal. The court held that petitioner's narcotics conviction did not disqualify her from cancellation of removal, because the Florida statute under which she was convicted did not qualify as an aggravated felony where it was indivisible and categorically overbroad. The court remanded for the BIA to reconsider petitioner's application. View "Cintron v. U.S. Attorney General" on Justia Law

Posted in: Immigration Law

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Petitioner sought review of the BIA's decision denying his motion to reopen removal proceedings. The DC Circuit dismissed in part and denied in part, holding that petitioner's constitutional claims challenging the order of removal itself and those addressing the sufficiency of the IJ's order denying the instant motion were not properly exhausted in immigration proceedings or were otherwise not properly before the court. In regard to petitioner's remaining claims challenging the BIA's decision, the court could not say that the BIA abused its discretion or that its opinion lacked reasoned consideration when it denied petitioner's motion to reopen. View "Bing Quan Lin v. U.S. Attorney General" on Justia Law

Posted in: Immigration Law

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The Eleventh Circuit denied a petition for review of the BIA's decision affirming the IJ's orders of removable and denial of cancellation of removal based on petitioner's felony conviction for battery of a child by throwing, tossing, projecting, or expelling blood, seminal fluid, urine, or feces, in violation of Florida Statute 784.085. The court held that petitioner was removable because his conviction was a crime of child abuse within the meaning of 8 U.S.C. 1227(a)(2)(E)(i); petitioner was ineligible for cancellation of removal because his conviction was a crime involving moral turpitude within the meaning of 8 U.S.C. § 1227(a)(2)(A)(i); and the IJ did not deprive petitioner of due process by granting the government's motion to pretermit his application for cancellation of removal. View "Pierre v. U.S. Attorney General" on Justia Law

Posted in: Immigration Law

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The Eleventh Circuit affirmed defendant's conviction for reentering the country illegal following deportation. The court held that defendant was unable to meet the requirements that would allow for a collateral attack of her underlying deportation order. Even assuming without deciding that defendant was correct in asserting that a conviction for Florida grand theft no longer qualified as a crime involving moral turpitude, the court held that defendant was not deprived of a meaningful opportunity for judicial review of her deportation order and may not collaterally attack her underlying deportation order in these 8 U.S.C. 1326 proceedings. The court also held that the district court's evidentiary rulings were either not erroneous or, if they were, the error was harmless. View "United States v. Watkins" on Justia Law

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The Eleventh Circuit denied the petition for review and held that the BIA's interpretation of 8 U.S.C. 1182(h) was reasonable where the agency concluded that petitioner was not entitled to relief under the Special Rule based on his convictions for crimes of moral turpitude. Upon careful review of petitioner's arguments and the BIA's discussion in Matter of Y-N-P-, the court held that section 1182(h) was ambiguous and the BIA rationally and thoughtfully considered the unique legal question before it, reasonably concluding that section 1182(h) was unavailable to applicants under the Special Rule. View "Arevalo v. U.S. Attorney General" on Justia Law

Posted in: Immigration Law