623 F. App'x 33
2d Cir.2015Background
- Petitioner Mi Young Lee, a South Korean national, appealed a BIA decision affirming an IJ order of removal and denying a motion to change venue and administrative closure.
- The IJ denied Lee's motion to transfer venue from Hartford to New York; Lee did not contest removability or seek relief from removal at the hearing.
- Lee requested prosecutorial discretion and later sought administrative closure (arguing potential eligibility under future immigration reform) but did not explicitly request administrative closure from the IJ at the hearing.
- The BIA reviewed Lee’s administrative-closure request in the first instance and denied it, citing DHS opposition, Lee’s criminal record, no pending visa petitions or relief applications, and an indefinite anticipated closure.
- The Second Circuit reviewed the IJ decision as supplemented by the BIA and considered whether the denials constituted abuse of discretion or denial of due process.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Denial of change of venue | Lee argued transfer needed for fair proceedings | Government argued venue denial proper; outcome unchanged | Denial affirmed — abuse of discretion not shown and no prejudice to Lee |
| Due process from venue denial | Lee contended denial deprived due process | Govt: no prejudice; Lee conceded removability and sought no relief | Denial did not violate due process because no prejudice |
| Denial of administrative closure | Lee sought closure pending possible legislative relief | Govt opposed closure due to criminal record and lack of pending relief | Denial affirmed — BIA properly considered factors and did not abuse discretion |
| BIA fact-finding on closure | Lee argued BIA improperly made factual findings instead of remanding to IJ | Govt: BIA may consider closure in first instance when IJ not asked | Denial affirmed — BIA may decide administrative-closure request in first instance and did not err |
Key Cases Cited
- Yan Chen v. Gonzales, 417 F.3d 268 (2d Cir. 2005) (scope of review for IJ decisions supplemented by the BIA)
- Monter v. Gonzales, 430 F.3d 546 (2d Cir. 2005) (standard for change-of-venue motions; prejudice requirement)
- Lovell v. INS, 52 F.3d 458 (2d Cir. 1995) (prejudice standard for venue denials and review for abuse of discretion)
- Garcia-Villeda v. Mukasey, 531 F.3d 141 (2d Cir. 2008) (due-process analysis in immigration proceedings)
- Sanusi v. Gonzales, 445 F.3d 193 (2d Cir. 2006) (abuse-of-discretion review for continuances and related relief)
- Vahora v. Holder, 626 F.3d 907 (7th Cir. 2010) (denial of administrative closure analogous to denial of continuance)