Hasan v. Holder
2012 U.S. App. LEXIS 5142
| 1st Cir. | 2012Background
- Hasan, his wife Tanjila, and son Tameem, Bangladesh natives, entered the United States as non-immigrant visitors in 1992 and overstayed.
- They filed asylum, withholding, and CAT relief applications in 1993; Tashfia, Hasan's U.S. citizen daughter, was named as a qualifying relative for cancellation relief.
- In 2007 Notices to Appear were issued; petitioners admitted removability in 2007 removal proceedings.
- In 2008 they filed for cancellation of removal; hearings addressed asylum, withholding, CAT, and cancellation for Hasan and Tanjila (with Tameem as derivative).
- Immigration Judge (IJ) denied asylum, withholding, and CAT; denied cancellation for hardship but granted voluntary departure; Board of Immigration Appeals (BIA) affirmed in 2010.
- First Circuit dismissed the cancellation of removal review for lack of jurisdiction; remainder of petition denied under substantial-evidence review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Jurisdiction to review hardship ruling on cancellation | BIA violated due process by inadequately addressing Tashfia's safety hardship | Challenge is a factual/credibility finding, not a legal error; adequate factual review exists | No jurisdiction; it's a factual challenge |
| Substantial-evidence review of asylum and withholding determinations | BIA failed to rely on substantial evidence supporting fear of future persecution | State Department reports and record support BIA’s findings | BIA affirmed; substantial evidence supports the decision |
| CAT relief denial | More likely than not torture would occur upon return | Petitioners bore high burden; record showed little evidence of torture risk | Denied; no error in CAT findings |
Key Cases Cited
- Ayeni v. Holder, 617 F.3d 67 (1st Cir. 2010) (cancellation review limited; only constitutional or legal questions reviewable)
- Parvez v. Keisler, 506 F.3d 93 (1st Cir. 2007) (limits on review of BIA hardship determinations)
- Sugiarto v. Holder, 586 F.3d 90 (1st Cir. 2009) (well-founded fear standard requires subjective and objective components)
- Banturino v. Holder, 576 F.3d 10 (1st Cir. 2009) (agency may rely on State Department country reports)
- Guzman v. I.N.S., 327 F.3d 11 (1st Cir. 2003) (substantial evidence standard for asylum/relief findings)