Pritam Taggar v. Eric Holder, Jr.
2013 U.S. App. LEXIS 23937
| 9th Cir. | 2013Background
- Taggar seeks review of a final removal order issued by the Board of Immigration Appeals.
- The IJ ordered Taggar removed after finding her removability established under 8 U.S.C. § 1227(a)(1)(A).
- Taggar’s proceedings were reopened following a 2006 conspiracy-to-defraud visa‑fraud conviction.
- The IJ set deadlines for relief applications (including CAT) and extended them; Taggar failed to file by the extended date.
- The government moved to pretermit Taggar’s relief applications; the IJ and Board deemed them abandoned and Taggar rejected a waiver of inadmissibility.
- Taggar challenged the Board’s decisions and sought review in this court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Standard of review for IJ’s waiver deeming | Taggar (Taggar) argues improper discretion. | Board/AG contends abuse of discretion was proper. | Abuse of discretion standard applied. |
| Deadline applicability to CAT relief | Deadline applied to all applications (including CAT) | Deadline scope includes CAT claims. | Deadline applied to the CAT claim as well. |
| Eligibility for waiver of inadmissibility under §1227(a)(1)(H) | Waiver should apply to inadmissibility grounds tied to fraud. | Taggar is not eligible for waiver for grounds under §1227(a)(3)(B)(iii) or non‑inadmissibility grounds. | Waiver not applicable; ineligible. |
| Waiver scope and connection to grounds for removability | Waiver could cover fraud-based inadmissibility. | Waiver limited to inadmissibility grounds, not deportability grounds from §1227(a)(3). | Hanging paragraph does not apply to Taggar’s deportability ground. |
Key Cases Cited
- Vargas-Hernandez v. Gonzales, 497 F.3d 919 (9th Cir. 2007) (abuse-of-discretion standard for continuance and related decisions)
- Ferdik v. Bonzelet, 963 F.2d 1258 (9th Cir. 1992) (abuse-of-discretion standard for dismissal for noncompliance)
- Dedji v. Mukasey, 525 F.3d 187 (2d Cir. 2008) (abuse-of-discretion standard for untimely abandonment of applications)
- Kueviakoe v. U.S. Att’y Gen., 567 F.3d 1301 (11th Cir. 2009) (abuse-of-discretion standard for untimely withdrawal/abandonment)
- Arellano-Hernandez v. Holder, 564 F.3d 906 (8th Cir. 2009) (abuse-of-discretion review in immigration relief context)
- Moreta v. Holder, 723 F.3d 31 (1st Cir. 2013) (abuse-of-discretion review for relief applications)
- Gourche v. Holder, 663 F.3d 882 (7th Cir. 2011) (waiver scope under §1227(a)(1)(H) interpretations)
- Vasquez v. Holder, 602 F.3d 1003 (9th Cir. 2010) (interpretation of waiver provisions under inadmissibility grounds)
- Hassan v. Gonzales, 403 F.3d 429 (6th Cir. 2005) (public policy considerations in immigration relief)