Moreta v. Holder, Jr.
2013 U.S. App. LEXIS 14255
| 1st Cir. | 2013Background
- Moreta, a Dominican Republic native, was admitted as a conditional permanent resident based on a U.S. citizen marriage.
- Her conditional status ended after divorce and a petition to remove conditions was denied.
- During removal proceedings on Jan 7, 2010, Moreta sought to renew the conditions petition and apply for cancellation of removal, with a 60-day deadline set by the IJ.
- The IJ ordered filing by March 8, 2010, and warned updates due by April 17, 2011, and possible abandonment for noncompliance.
- Moreta filed the applications on Sept 15, 2010, over six months past the deadline, without timely updates or a motion to accept late filing.
- The IJ denied relief on abandonment (and alternatively on the merits), the BIA affirmed abandonment, and Moreta petitioned for judicial review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Abandonment by missing deadline | Moreta argues no abuse; late filing cannot be abandonment given eventual filing. | IJ had authority to deem late applications waived for missing deadline without good cause. | Abandonment by missed deadline upheld; discretion not abused. |
| BIA need not address alternate grounds | BIA should consider all arguments, including alternative grounds. | BIA may decline to address arguments if the result rests on another upheld ground. | BIA did not abuse discretion by not addressing alternative grounds. |
Key Cases Cited
- Gomez-Medina v. Holder, 687 F.3d 33 (1st Cir. 2012) (IJ discretion in case-management and deadline rulings reviewed for abuse)
- Caldero-Guzman v. Holder, 577 F.3d 345 (1st Cir. 2009) (noncitizen abandonment sanction not abuse absent arbitrary action)
- Alsamhouri v. Gonzales, 484 F.3d 117 (1st Cir. 2007) (timeliness and abandonment standards in immigration relief cases)
- Ahlijah v. Ashcroft, 123 F. App'x 4 (1st Cir. 2005) (no due-process right to discretionary immigration relief; timely filing emphasized)
- Uruci v. Holder, 558 F.3d 14 (1st Cir. 2009) (review of IJ decisions adopted by BIA)
- Matter of R-R-, 20 I. & N. Dec. 547 (BIA 1992) (BIA practice of denying benefits for late-filed applications)