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

Rodriguez-Molinero, a Mexican citizen, has lived in the U.S. for many years as a lawful permanent resident. His involvement in the methamphetamine trade led to his conviction of federal drug crimes and a prison sentence that he has served. He remains in the custody of the Department of Homeland Security, and as an alien convicted of an aggravated felony consisting of trafficking in controlled substances, is subject to removal, 8 U.S.C. 1227(a)(2)(A)(iii), 1101(a)(43)(B). He sought CAT deferral of removal on the ground that should he be sent back to Mexico he is highly likely to be tortured by the Zetas Mexican drug cartel. Longmire, his expert witness, stated in a report credited by the immigration judge that in 2012 the Zetas killed 49 people and dumped their bodies on a highway. In 2006, Rodriguez-Molinero was tortured by Mexican police, who burned him with cigarettes, beat him, and stabbed him with an ice pick at the behest of the cartel. He owes the gang about $30,000. Members of the Zetas kidnapped and murdered his great-uncle after asking for information about Rodriguez-Molinero. The Seventh Circuit reversed the immigration judge’s ruling that he had failed to show that he faced a substantial risk of torture were he to be removed to Mexico, or that the Mexican government would acquiesce in the torture. View "Rodriguez-Molinero v. Lynch" on Justia Law

Chinese farmworker Wang married in 1988. His wife gave birth to a daughter. Government officials required his wife to have an intrauterine device implanted. Five years later the IUD “fell off,” and she got pregnant. Officials forced her to abort the pregnancy. In 2000, they had another child, a son. Months later, officials went to their house and threatened to sterilize either Wang or his wife. Wang protested; the officials pushed him to the floor, kicked him, and beat him with batons. They forced his wife to have a contraceptive, “Norplant,” surgically inserted into her arm. His wife became ill and they had no more children. Nine years later Wang entered the U.S. on a business visitor’s visa, procured from a snakehead. More than a year after his entry, he sought asylum and withholding of removal, contending that he had been persecuted for resisting official demands to sterilize him or his wife. An IJ found that Wang did not testify credibly. The Seventh Circuit reversed and remanded the denial of relief; the IJ misunderstood Wang’s testimony about the procedure his wife received and erred by concluding that Wang could not show past persecution because he resisted only his wife’s forced contraceptive implant as opposed to forced abortion or sterilization. View "Wang v. Lynch" on Justia Law

Darinchuluun, a citizen of Mongolia, has a wife and son in Mongolia. He worked for a railroad that was a joint venture between Russia and Mongolia. In 2004 Darinchuluun discovered guns and ammunition in a box that was supposed to contain coal. He claims that he was threatened, but reported to his supervisor ,and was subsequently attacked and beaten. In 2006 Darinchuluun reported the illegal shipments to the Russian director of the railroad, Darinchuluun claims that he was again attacked and that the director was murdered. He applied for a visa to the United States, stating that he wanted to purchase software. He entered the U.S. in February 2010. In April 2010, Darinchuluun was stabbed by another Mongolian national during an altercation in a bar. Darinchuluun statedthat he had “no doubt” that the man who stabbed him was hired by those who had tried to hurt him in Mongolia. The police report indicated that Darinchuluun knew the assailant and that the incident was prompted by an argument about who had the superior immigration status. Before expiration of his visa, Darinchuluun applied for asylum. His application was denied. The Seventh Circuit denied a petition for review. Darinchuluun did not provide evidence that corroborated the key elements of his claim. View "Darinchuluun v. Lynch" on Justia Law

H-1B visas allow U.S. companies to hire noncitizen workers with specialized skills. The United States Citizenship and Immigration Services (USCIS), an agency within the Department of Homeland Security, is responsible for their issuance. Rubman sent USCIS a request under the Freedom of Information Act (FOIA, 5 U.S.C. 552) seeking “copies of all documents reflecting statistics … about H-1B visa applications” from the last four years. USCIS responded with a single document: a data table that the agency had created to respond to his request. Rubman doubted the table’s accuracy and insisted that USCIS provide the documents he originally asked for: “‘ALL documents reflecting statistics’” about H-1B visa applications, including internal statistical reports and e-mails. CIS refused, insisting that additional records would not be helpful and would “only create additional confusion.” Rubman sued. The district court granted summary judgment in favor of USCIS. The Seventh Circuit reversed. An adequate search is one that was both performed in good faith and reasonably designed to uncover the requested records. USCIS failed to conduct an adequate search as required by law when it unilaterally narrowed Rubman’s request for “all documents” to a single, newly generated statistical table. View "Rubman v. United States Citizenship & Immigration Servs." on Justia Law

Zuniga entered the U.S. unlawfully from Mexico in 1989. In 1991, he was convicted of aggravated criminal sexual abuse. Zuniga, 30 years old, was in a consensual relationship with a 15-year-old girl. Illinois law criminalizes “sexual conduct with a victim who is at least 13 years of age but under 17 years of age [if] the person is at least 5 years older than the victim.” He and the girl maintained their relationship and had four children together. After his conviction, Zuniga was deported. He returned, again unlawfully, and remained, without incident until 2007, when he was arrested following an altercation with his eldest child. In 2013, Zuniga pleaded guilty to illegal reentry, 8 U.S.C. 1326(a). According to the plea agreement, Zuniga would receive two criminal-history points and a 16-level upward adjustment because he was previously deported after a “crime of violence” and a 3-level reduction for acceptance of responsibility. With a guidelines range of 41 to 51 months, the court sentenced him to 41 months. The Seventh Circuit affirmed, rejecting an argument that the categorical approach requires a narrower understanding of the generic definitions of “sexual abuse of a minor” and “statutory rape,” two crimes of violence enumerated under the guidelines, and that the 16-level increase overstated the seriousness of the conviction. View "United States v. Zuniga-Galeana" on Justia Law

Tawuo was born in Cameroon in 1986. He entered the U.S. in 2009 with a nonimmigrant student visa to attend school in New York. He registered, but did not attend for long. Tawuo moved to Illinois, and in 2010 applied for asylum and withholding of removal, stating that he feared harm or mistreatment if he were to return. Tawuo’s affidavit described being “arrested, detained and tortured due to my activities with the Association for the Defense of the Rights of University Students in Cameroon (ADDEC).” CIS deemed Tawuo’s application not credible, citing material inconsistencies between his affidavit and other evidence as well as “material implausibility.” At a hearing before an IJ, he submitted an affidavit that was significantly more detailed than his first submission. Tawuo testified extensively about his life in Cameroon, his participation in ADDEC, and his subsequent persecution by police. The judge concluded that Tawuo was not credible and had not produced any other evidence sufficient to corroborate his account. The Board of Immigration Appeals affirmed and the Seventh Circuit denied a petition for reviw. The judge’s finding that Tawuo’s testimony and affidavits were not credible was based upon a detailed analysis of the record. View "Tawuo v. Lynch" on Justia Law

When Meza-Rodriguez, a citizen of Mexico, was arrested in August 2013, he was carrying a .22 caliber cartridge and did not have documentation showing that he is lawfully in the United States, which made his possession of the cartridge a crime under 18 U.S.C. 922(g)(5). Meza-Rodriguez moved to dismiss the indictment arguing that section 922(g)(5) impermissibly infringed on his rights under the Second Amendment. The district court denied his motion on the broad ground that the Second Amendment does not protect unauthorized aliens. The Seventh Circuit affirmed, holding that the lower court’s rationale swept too far, but that the Second Amendment does not preclude certain restrictions on the right to bear arms, including the one imposed by section 922(g)(5). View "United States v. Meza-Rodriguez" on Justia Law

Giri, a citizen of Nepal, was living in the U.S. as a conditional permanent resident based on his marriage to a U.S. citizen, Tammy, until USCIS terminated his conditional resident status after finding that his marriage was entered into for the purpose of remaining in the U.S. On the day of his merits removal hearing, after the court granted his request to advance the date of that hearing, he sought a continuance on grounds that he had not been fingerprinted, as required, and was not able to timely submit documentation to support the validity of his marriage. The IJ denied the request finding that Giri had ample time to get fingerprinted and submit his petition for relief and evidence supporting the bona fides of his marriage, but he was not diligent in completing these tasks, and ordered him removed to Nepal. The Board of Immigration Appeals upheld the ruling. The Seventh Circuit denied a petition for review, finding that the immigration courts provided a reasoned explanation for the IJ’s decision not to grant a continuance that did not depart from established policies or rest on an impermissible basis and that the record indicated that Giri conceded removability and was removable to Nepal. View "Giri v. Lynch" on Justia Law

Joseph, a Nigerian citizen, entered the U.S. unlawfully in 1991 and was placed in removal proceedings after convictions for theft and bank fraud. He argued his marriage to a U.S. citizen as a basis for adjusting his status and sought a waiver of inadmissibility, arguing that removal would cause his family “extreme hardship,” 8 U.S.C. 1182(h)(1)(B). An IJ concluded that any hardship to his sons would be no worse than confronted by any child whose parent is deported. The BIA agreed. Joseph’s current motion to reopen is his eighth, but his third premised on the Violence Against Women Act, 8 U.S.C. 1229a(c)(7)(C)(iv), which extends to one year the deadline for a motion to reopen asserting that the alien facing removal is a victim of domestic violence. That longer deadline can be waived if the battered alien “demonstrates extraordinary circumstances or extreme hardship to the alien’s child.” The first of Joseph’s VAWA motions missed the deadline by four years. Joseph claimed that he was a victim of spousal abuse and should be granted a waiver based on hardship to his children. The BIA denied the motion, noting failure to corroborate his claim of spousal abuse and to submit evidence of unusual hardship. The Seventh Circuit dismissed, noting that its jurisdiction is limited to legal or constitutional questions. Joseph presented neither. View "Joseph v. Lynch" on Justia Law

DeBartolo, 48 years old, immigrated to the U.S. at the age of one, but never applied for U.S. citizenship. He is married to a citizen and his children are citizens. He has no family in Italy and does not speak Italian. In 1996 he was sentenced in an Indiana court to eight years in prison for dealing in cocaine. In 2011 he was indicted in federal court for possessing with intent to distribute more than 100 marijuana plants and manufacturing more than 100 plants, 21 U.S.C. 841(a)(1). DeBartolo powered the lighting used to grow the plants with electricity that he stole from the electric company. . Because he helped the government to apprehend other drug dealers and pled guilty to manufacturing, the government moved for, and the court imposed, a below-minimum sentence of 25 months. There was no mention of deportation, but his conviction made him deportable and precluded cancellation of removal, 8 U.S.C. 1101(a)(43), 1227(a)(2)(A)(iii), (B)(i), 1229b(a)(3). After he completed his sentence he was removed to Italy. While his removal was pending he sought habeas relief, claiming ineffective assistance of counsel in his criminal case, because his lawyer had failed to warn him that if he were convicted he could be deported. The judge denied the petition. The Seventh Circuit reversed, stating that the government should consider whether having served the recommended prison sentence, having then languished in INS custody, and being deported, DeBartolo has been punished sufficiently. View "Debartolo v. United States" on Justia Law