Justia U.S. 7th Circuit Court of Appeals Opinion Summaries

Efrain Leonides-Seguria, a Mexican citizen without legal status in the United States, was detained by Immigration and Customs Enforcement (ICE) on June 15, 2021, for illegal reentry. Six days later, ICE referred him for criminal prosecution. On June 23, federal prosecutors filed a criminal complaint, and a magistrate judge issued an arrest warrant. Leonides-Seguria remained in immigration custody until June 28, when he was arrested on the criminal complaint. He later waived prosecution by indictment, consenting to the filing of a criminal information on July 27.The United States District Court for the Northern District of Illinois denied Leonides-Seguria’s motions to dismiss the federal charge, arguing that the government violated the Speedy Trial Act and that 8 U.S.C. § 1326 is unconstitutional. He pled guilty but reserved the right to appeal these denials. The district court sentenced him to 51 months’ imprisonment.The United States Court of Appeals for the Seventh Circuit reviewed the case. Leonides-Seguria argued that the Speedy Trial Act was violated because the criminal information was filed more than 30 days after his apprehension. He urged the court to recognize a "ruse exception," where civil detention by immigration authorities is used to delay criminal prosecution. The Seventh Circuit declined to resolve the legal question of the ruse exception, finding that the facts did not support its application. The court found no evidence of collusion between ICE and federal prosecutors to circumvent the Speedy Trial Act. The court affirmed the district court’s denial of the motion to dismiss and upheld the constitutionality of 8 U.S.C. § 1326, consistent with precedent. The Seventh Circuit affirmed the district court’s judgment. View "USA v Leonides-Seguria" on Justia Law

Gayratjon Gulomjonov, a native of Uzbekistan, entered the United States in October 2016 on a visitor visa and later obtained a student visa valid until January 2019. He overstayed his visa and was placed in removal proceedings in November 2019. Gulomjonov conceded removability but sought asylum, withholding of removal, and protection under the Convention Against Torture (CAT) due to his conversion to Catholicism, claiming he would face religious persecution if returned to predominantly Muslim Uzbekistan.The immigration judge found Gulomjonov’s asylum application untimely, as it was filed more than one year after his arrival. The judge determined that his conversion to Catholicism, which occurred no later than April 2019, did not excuse the delay, as he did not apply for asylum until ten months later. The judge also denied his claims for withholding of removal and CAT protection on the merits, finding insufficient evidence of a pattern or practice of persecution against Catholics in Uzbekistan. The Board of Immigration Appeals upheld the immigration judge’s decision.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court dismissed Gulomjonov’s petition in part and denied it in part. The court held that it lacked jurisdiction to review the factual determination regarding the date of Gulomjonov’s conversion. The court also upheld the validity of the regulation requiring asylum applications to be filed within a reasonable time after a change in circumstances. Additionally, the court found that the evidence did not compel a different conclusion regarding the denial of withholding of removal and CAT protection. The court concluded that the Board’s decision was supported by substantial evidence and denied the petition for review. View "Gulomjonov v. Bondi" on Justia Law

Breion Woodson was convicted in Wisconsin state court on charges of firearm and drug possession and sentenced to 19 years in prison. During sentencing, the government presented a video from social media showing men with guns and drugs, which the judge used to assess Woodson's character and danger to the community. Woodson argued that he was misidentified in the video, but the judge denied his motion for a new sentencing hearing. The Wisconsin Court of Appeals affirmed, stating Woodson failed to prove he was not the man in the video.Woodson then filed a federal habeas corpus petition in the Eastern District of Wisconsin, introducing booking photos from the time of his sentencing that suggested he was not the man in the video. However, the district court ruled it could not consider the photos since they were not presented in state court and denied his petition, finding the state appellate court's decision reasonable based on the evidence it had.The United States Court of Appeals for the Seventh Circuit reviewed the case de novo. The court held that under the Antiterrorism and Effective Death Penalty Act (AEDPA), habeas relief is unavailable unless the state court's decision was contrary to or an unreasonable application of federal law or based on an unreasonable determination of facts. The court found that Woodson's claim was not procedurally defaulted and that the actual innocence exception did not apply to his case. The court also ruled that it could not consider the new evidence (booking photos) under AEDPA's strict limitations. Consequently, the Seventh Circuit affirmed the district court's denial of Woodson's habeas petition. View "Woodson v Mlodzik" on Justia Law

A group of religious organizations employing nonimmigrant workers challenged a regulation by the United States Citizenship and Immigration Services (USCIS) that precludes special immigrant religious workers from filing their applications for special immigrant worker status and permanent resident status concurrently. The plaintiffs argued that this regulation violated the First and Fourteenth Amendments, the Religious Freedom Restoration Act (RFRA), the Immigration and Nationality Act (INA), and the Administrative Procedures Act (APA).The United States District Court for the Northern District of Illinois dismissed the APA claim as time-barred and granted summary judgment in favor of USCIS on the remaining claims. The court found that the regulation did not violate RFRA because it did not affect religious practice, and it did not violate the First Amendment because it was neutral and generally applicable. The court also ruled that the regulation did not violate the Due Process and Equal Protection Clauses because it was based on the risk of fraud in the special immigrant religious worker program.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court found that the plaintiffs had standing to bring their claims and that their APA claim was not time-barred due to the Supreme Court's decision in Corner Post, Inc. v. Board of Governors of the Federal Reserve System, which held that a plaintiff’s challenge to a final agency action does not accrue under the APA until the plaintiff is injured by the action. The court remanded the APA claim for further proceedings.The Seventh Circuit affirmed the district court's decision on the RFRA and First Amendment claims, concluding that the regulation did not substantially burden the plaintiffs' religious exercise and was neutral and generally applicable. The court also affirmed the dismissal of the Establishment Clause claim, finding that the regulation did not overly burden the plaintiffs' religious practice. View "Society of the Divine Word v. United States Citizenship and Immigration Services" on Justia Law

Beata Zarzecki, a Polish national, entered the United States on a six-month tourist visa in 1989 and remained in the country illegally. In 1998, she married a U.S. citizen, and they have a daughter who is also a U.S. citizen. In 2013, removal proceedings were initiated against her, and she applied for adjustment of status based on her marriage. Her application was complicated by a 2005 conviction for felony aggravated driving under the influence, resulting in a fatal accident. She was sentenced to nine years in prison and served over eight years. Additional incidents included a 2003 arrest for aggravated assault and a 2004 charge for driving without insurance.The immigration judge denied her application for adjustment of status, citing the severity of her criminal record and insufficient evidence of addressing her mental health issues. The Board of Immigration Appeals (Board) reviewed the case de novo and upheld the immigration judge's decision, emphasizing the egregious nature of her offense and finding that her mitigating factors did not outweigh the adverse factors.The United States Court of Appeals for the Seventh Circuit reviewed Zarzecki's petition, focusing on whether the Board committed legal or constitutional errors. Zarzecki argued that the Board failed to properly consider her mental health evidence and did not apply the correct standard of review. The court found that the Board did consider her mental health evidence and applied the appropriate standard of review. The court concluded that the Board did not commit any legal or constitutional errors and dismissed Zarzecki's petition for lack of jurisdiction, as discretionary decisions regarding adjustment of status are not subject to judicial review. View "Zarzecki v. Garland" on Justia Law

Eulalia Mateo-Mateo and her two minor children, all Guatemalan citizens, sought asylum, humanitarian asylum, withholding of removal, and relief under the Convention Against Torture (CAT) in the United States. Mateo claimed that the mother of her children's father had physically and verbally abused her and would continue to do so if she returned to Guatemala. Mateo and her children were apprehended by U.S. Customs and Border Patrol upon arrival, and the Department of Homeland Security initiated removal proceedings. They conceded removability, and Mateo applied for asylum and related relief.An Immigration Judge (IJ) held a hearing and found Mateo credible but denied her applications. The IJ concluded that Mateo did not demonstrate past persecution or a well-founded fear of future persecution on account of a protected ground. The IJ also found that Mateo did not establish that the Guatemalan government was unable or unwilling to protect her. Mateo appealed to the Board of Immigration Appeals (Board), which affirmed the IJ's decision, finding no clear error in the IJ's findings and deeming Mateo's claim for CAT relief waived due to lack of meaningful identification of error.The United States Court of Appeals for the Seventh Circuit reviewed both the IJ's and the Board's opinions. The court found that Mateo's claims for asylum, humanitarian asylum, and withholding of removal failed for two independent reasons: she did not challenge the finding that the Guatemalan government was not unable or unwilling to protect her, and substantial evidence supported the finding that she did not experience persecution on account of a protected ground. The court also concluded that Mateo's CAT claim failed on exhaustion grounds, as she did not challenge the Board's finding of waiver. Consequently, the Seventh Circuit denied the petition for review. View "Mateo-Mateo v. Garland" on Justia Law

Andre Bowyer, a Jamaican national, pleaded guilty to re-entering the United States without permission after being previously removed. During his sentencing, Bowyer attempted to highlight his ties to a family he had formed in the U.S. The district judge interrupted him frequently, characterizing Bowyer's account as lacking insight and unconvincing. Bowyer received a below-guidelines sentence.Bowyer appealed, arguing that his right to make his own statement at sentencing was violated. He conceded that he did not object during the district court proceedings, so the review was limited to the plain-error standard. Bowyer did not specify what additional arguments he would have made if given more time. The district court had read a letter from Bowyer detailing his background and his relationship with the family, but the judge found this information irrelevant to the sentencing factors.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court noted that while the district judge's interruptions were frequent, they did not completely prevent Bowyer from speaking. The judge also solicited further comments from Bowyer at the end of the allocution. The court found that even if there was an error, it was not plain because there was no unambiguous case law against such interruptions. Additionally, Bowyer's arguments were already considered by the judge, and there was no indication that further allocution would have led to a different sentence.The Seventh Circuit concluded that Bowyer did not meet the plain-error test for reversal and affirmed the district court's decision. View "USA v. Bowyer" on Justia Law

David Bernardo-De La Cruz, a Mexican national, has lived in the U.S. without legal authorization for nineteen years. He was pulled over for speeding in 2014, which led to his immigration status being questioned. He conceded removability but applied for cancellation of removal, citing his long-term residence, good moral character, and the potential hardship his removal would cause his U.S. citizen daughters. The Immigration Judge (IJ) denied his application, finding that his removal would not cause an "exceptionally high level of hardship" for his daughters. However, the IJ granted him voluntary departure. Bernardo-De La Cruz appealed the denial of cancellation of removal to the Board of Immigration Appeals (BIA).The BIA affirmed the IJ's decision. Temporary Appellate Immigration Judge (TAIJ) Gabriel Gonzalez upheld the IJ's findings, including the determination that Bernardo-De La Cruz's daughters would remain in the U.S. after his removal. The TAIJ acknowledged evidence suggesting that one daughter required special educational services but did not find it sufficient to warrant a different outcome. Bernardo-De La Cruz then petitioned for review, arguing that the agency exceeded its authority in promulgating 8 C.F.R. § 1240.26(i), the appointment of the TAIJ was unconstitutional, and the IJ and BIA failed to adequately consider the evidence.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court held that 8 C.F.R. § 1240.26(i), which limits voluntary departure for noncitizens contesting a removal order, was within the agency's statutory authority. The court also found that TAIJ Gonzalez was lawfully appointed by the Acting Attorney General, not the EOIR Director, thus complying with the Appointments Clause. Finally, the court determined that the IJ and BIA had adequately considered the evidence regarding the hardship to Bernardo-De La Cruz's daughters. The petition for review was denied. View "Bernardo-De La Cruz v. Garland" on Justia Law

A Mexican citizen, Alfredo Viveros-Chavez, was found in the United States without lawful immigration status after previously being removed. He was charged with violating 8 U.S.C. § 1326, which prohibits noncitizens from reentering the U.S. without authorization. Viveros-Chavez moved to dismiss the indictment, arguing that § 1326 violates the Fifth Amendment’s equal protection guarantee due to its discriminatory intent and disproportionate impact on Mexican and Latino individuals. The district court denied the motion, finding insufficient evidence of racial animus behind the statute’s enactment.The United States District Court for the Northern District of Illinois applied the discriminatory-intent framework from Arlington Heights v. Metropolitan Housing Development Corp., rather than rational basis review. The court acknowledged that the predecessor to § 1326, the Undesirable Aliens Act of 1929, was motivated by racial animus but found little evidence that such animus influenced the enactment of § 1326 in 1952. The court also found the statistical evidence presented by Viveros-Chavez unpersuasive, noting the lack of evidence that the government disproportionately targeted Mexican and Latino individuals for illegal reentry prosecutions.The United States Court of Appeals for the Seventh Circuit reviewed the district court’s decision de novo and its factual findings for clear error. The appellate court affirmed the district court’s ruling, concluding that § 1326 does not violate the Fifth Amendment’s equal protection guarantee. The court found no clear error in the district court’s determination that the 1952 Congress was not motivated by racial animus when enacting § 1326. The court also noted that the statistical evidence provided by Viveros-Chavez was insufficient to demonstrate a disparate impact on Mexican and Latino individuals. View "USA v. Viveros-Chavez" on Justia Law

A family of six Mexican citizens entered the United States without authorization and were subsequently placed in removal proceedings. They hired an attorney to help them apply for asylum. Despite having nearly fifteen months to prepare, the attorney requested a continuance only eight days before the hearing, citing the government shutdown as a reason for her lack of preparation. The Immigration Judge (IJ) denied the continuance and, due to the attorney's unpreparedness, deemed the asylum applications abandoned, ordering the family's removal. The Board of Immigration Appeals (BIA) affirmed the IJ's decision.The family appealed to the United States Court of Appeals for the Seventh Circuit. The court dismissed the cases of two family members due to lack of jurisdiction, as their removal proceedings had been terminated after they received special immigrant status. The remaining four family members argued that the IJ erred in denying the continuance and that their attorney was ineffective. The court found that the IJ did not abuse his discretion in denying the continuance, as the attorney had ample time to prepare and failed to do so. The court also noted that the attorney's unpreparedness did not violate the family's due process rights.Regarding the ineffective assistance of counsel claim, the court acknowledged the attorney's failure to prepare but noted that the family did not present this claim to the BIA, thus failing to exhaust administrative remedies. Consequently, the court could not consider the ineffective assistance claim. The court suggested that the family could seek to reopen the proceedings through a motion to reopen or by requesting equitable tolling of the deadline.The United States Court of Appeals for the Seventh Circuit dismissed the petitions of two family members and denied the petitions for review of the remaining four family members. View "Bustos-Millan v. Garland" on Justia Law