Justia U.S. 10th Circuit Court of Appeals Opinion Summaries

After a sting operation involving two confidential informants and substantial audio and video surveillance, federal law enforcement officers caught Jesus Cabral-Ramirez ("Mr. Cabral") and Defendant-Appellant Maria Gutierrez de Lopez ("Ms. Gutierrez") attempting to transport an undocumented alien from El Paso, Texas to Denver, Colorado. A federal grand jury indicted Ms. Gutierrez on one count of conspiring to transport undocumented aliens. At trial, the Government elicited testimony from Border Patrol Agent Brian Knoll about the immigration status of the individual Ms. Gutierrez allegedly conspired to smuggle. Agent Knoll also provided expert testimony that transporting undocumented aliens away from U.S./Mexico border regions to the interior of the United States significantly reduced the odds of apprehension by law enforcement. The confidential government informants testified anonymously about several conversations they had with Ms. Gutierrez tending to support the charges against her. Although the Government provided the defense with the informants’ general criminal backgrounds, compensation records from federal agencies, and immigration status, it did not disclose their actual identities. Defense counsel cross-examined both witnesses in light of the disclosures provided by the Government, but was unable to conduct adequate independent pre-trial investigation. The jury convicted Ms. Gutierrez as charged, and the district court sentenced her to three years of probation. She appealed, arguing: (1) Agent Knoll’s testimony about the smuggled individual’s immigration status introduced inadmissible testimonial hearsay in violation of the Federal Rules of Evidence and the Confrontation Clause; (2) Agent Knoll’s expert testimony about the alien-smuggling trade was not helpful to the jury under Federal Rule of Evidence 702(a); and (3) the Government’s use of anonymous testimony violated the Confrontation Clause of the Sixth Amendment. Finding no reversible error, the Tenth Circuit affirmed. View "United States v. Gutierrez De Lopez" on Justia Law

Ernest McKenzie’s Canadian birth certificate listed the wrong birth date. Because he used that birth certificate to become a naturalized United States citizen, his United States Certificate of Naturalization also listed the wrong birth date. After he was naturalized, he got his birth certificate corrected; he tried to amend his naturalization certificate so that his paperwork listed the correct date. Relying on 8 C.F.R. 334.16(b) (2011) to establish the district court’s jurisdiction, he filed suit requesting that the district court order United States Citizenship and Immigration Services (USCIS) to issue a naturalization certificate with his correct date of birth. "The request seems fair and simple enough," but the Tenth Circuit could not help: "With limited exceptions not applicable here, Congress has withdrawn jurisdiction over naturalizations from the district courts. In addition, the district court lacked jurisdiction because Dr. McKenzie’s invocation of 334.16(b) is not a colorable claim." The Court affirmed the district court's dismissal of this action under Fed. R. Civ. P. 12(b)(1).View "McKenzie v. US Citizenship & Immigration" on Justia Law

Petitioner Enrique Garcia-Mendoza petitioned the Tenth Circuit for review of the Board of Immigration Appeals’ (BIA) decision upholding an Immigration Judge’s (IJ) denial of his request for cancellation of removal. The agency determined that he was ineligible for such relief because he could not establish that he "ha[d] been a person of good moral character" due to his confinement in a penal institution for more than 180 days. In 2010, he was arrested and charged with driving under the influence and leaving the scene of an accident. He could not afford bond and remained confined during his pretrial criminal proceedings. He was released after he had been confined for a total of 197 days when the Department of Homeland Security (DHS) took him into custody and initiated removal proceedings. Petitioner conceded that he was removable for remaining in the United States beyond his authorized period of stay and applied for cancellation of removal. The IJ denied his request because petitioner had been confined for more than 180 days for his 2010 conviction and therefore he could not establish the requisite good moral character. While petitioner’s appeal of that decision was pending with the BIA, he filed a motion with the state trial court seeking to amend his sentence. In the motion, he alleged that his counsel failed to advise him of the immigration consequences of his sentence before he entered his guilty plea. He asked the court to resentence him to 166 days with no credit for time served. The state court granted the motion and issued a modified mittimus nunc pro tunc to the original sentencing date. Petitioner then filed a motion for remand with the BIA based on the new evidence that his sentence was modified to 166 days. The BIA granted the motion and remanded to the IJ. On remand, the IJ again denied cancellation of removal, noting that the nunc pro tunc order modifying the sentence did not change the fact that petitioner had already been confined for more than 180 days as a result of his conviction. The BIA upheld the IJ’s decision. Petitioner then petitioned the Tenth Circuit. Seeing no reversible error, the Tenth Circuit Court of Appeals denied review. View "Garcia-Mendoza v. Holder" on Justia Law

Husband and wife Alberto Martinez Molina and Cristina Ramirez Rivera were Mexican citizens subject to final orders of removal from the United States. After an immigration judge declined to cancel their removal orders, the couple filed a motion to reopen based on ineffective representation of counsel. With the motion, they submitted evidence that they had resided in the United States since 1998. The Board of Immigration Appeals denied the motion, reasoning that the couple had not shown prejudice because the evidence that they submitted: (1) could not overcome discrepancies in their testimony, and (2) was the same or substantially similar to the evidence considered by the immigration judge. The spouses then filed a petition for review, arguing that: (1) the Board abused its discretion in rejecting their claim for ineffective representation, and (2) the immigration judge failed to consider the entire record. As to Ms. Ramirez, the Tenth Circuit affirmed: the Board acted within its discretion in rejecting her ineffective-representation claim, and Ms. Ramirez did not exhaust her claim involving failure of the immigration judge to consider the entire record. As to Mr. Martinez, the Court remanded to the Board: Mr. Martinez did not exhaust his claim involving failure to consider the entire record, but he did exhaust his ineffective-representation claim, and the Board abused its discretion when it mistakenly concluded that the newly submitted evidence was the same or substantially similar to the evidence considered by the immigration judge. View "Molina v. Holder" on Justia Law

Hoping to remain in the United States from her native Jamaica, Defendant-Appellant Shannakay Hunter married a United States citizen. The government regarded the marriage as a sham and charged defendant with conspiracy and participation in a fraudulent marriage. A jury found her guilty on both charges. Defendant appealed, arguing that: (1) the district court should have required proof that defendant had married solely to evade the immigration laws; (2) the evidence of guilt was insufficient; (3) the marriage was “void” under state law; (4) the application of 8 U.S.C. 1325(c) resulted in a denial of equal protection, and (5) section 1325(c) is overbroad. Rejecting each argument, the Tenth Circuit affirmed. View "United States v. Hunter" on Justia Law

An immigration judge found petitioner Nadia Maatougui removable for marriage fraud in 2004. Petitioner then asylum and four other forms of relief from removal. The Immigration Judge denied the requests, and the Board of Immigration Appeals affirmed. Petitioner claimed on appeal to the Tenth Circuit that the IJ and BIA erred in denying her a hardship waiver and cancellation of removal based on their credibility determinations and the weight they gave the evidence in her case. Under case law, the Tenth Circuit determined it did not have jurisdiction to overturn their credibility determinations or evidence weighing, and thus could not grant relief on that claim. Petitioner also claimed that changed conditions in her native Morocco and the ineffective assistance of her prior counsel at a hearing in 2004 merited reopening her case. The Tenth Circuit concluded petitioner failed to present new, material, previously unavailable evidence that justified reopening her case. View "Maatougui v. Holder, Jr." on Justia Law

Petitioner Arturo Velasco appealed an order of the Board of Immigration Appeals (BIA) that dismissed his appeal of an immigration judge's (IJ) order denying his application for cancellation of removal under the Immigration and Nationality Act (INA). Because petitioner had been granted suspension of deportation during prior deportation proceedings, he was ineligible for cancellation of removal. View "Velasco v. Holder" on Justia Law

An Indonesian couple appealed the denial of their applications for withholding of removal and relief under the Convention Against Torture (CAT). Upon review, the Tenth Circuit found the application was untimely, and therefore dismissed for lack of jurisdiction. View "Batubara v. Holder" on Justia Law

Pro se petitioner Peter Munis appealed a Board of Immigration Appeals (BIA) order that dismissed his appeal of an immigration judge's denial of his request for discretionary removal. Petitioner overstayed his student visa and got a job without authorization which led to initiation of removal proceedings. Petitioner conceded the charge of removability, but sought discretionary relief, arguing that his marriage to an American citizen was grounds to adjust his status, and without relief, would pose an extreme hardship to his wife. The government raised petitioner's criminal history as grounds for removal. The IJ denied relief and the BIA dismissed his appeal. Finding that the BIA's discretionary denial of a waiver of inadmissibility or adjustment of status absent a legal or constitutional question was unreviewable, the Tenth Circuit dismissed petitioner's appeal for lack of jurisdiction. View "Munis v. Holder" on Justia Law

Petitioner Arturo Montano-Vega admitted to remaining in the United States illegally, and requested permission to leave voluntarily. Petitioner wanted to avoid a ten-year bar on readmission for aliens who had been "ordered removed." The immigration judge hearing petitioner's case refused the request. Petitioner appealed to the Board of Immigration appeals: if he continued the appeal, he would have to stay in the U.S. for the duration; if he left, the BIA would consider his appeal abandoned and subject petitioner to the ten-year ban. Petitioner elected to leave, and the BIA dismissed his appeal. Petitioner appealed the BIA's decision to the Tenth Circuit challenging the application of 8 C.F.R. 1003.4 to his case in addition to the immigration judge's refusal to allow him to leave voluntarily. Upon review, the Tenth Circuit denied petitioner's challenge to the BIA order because by leaving, his appeal was deemed withdrawn, leaving the court without jurisdiction to hear the case. View "Montano-Vega v. Holder" on Justia Law