Ramirez-Coria v. Holder
761 F.3d 1158
10th Cir.2014Background
- Ramirez-Coria, a Mexican citizen, sought cancellation of removal; he entered illegally in 1995 and faced removal proceedings beginning in 2009.
- At his May 2009 hearing he requested a continuance to complete EOIR-42B, but his application was incomplete for failing to provide biometrics under 8 C.F.R. § 1003.47.
- Instructions on EOIR-42B directed biometric appointment, proof of biometrics, and timely filing of the application with supporting docs; DHS began a required biometric investigation.
- The IJ rescheduled hearings multiple times; fingerprinting attempts were hampered by lack of identification, lost birth certificates, and earlier failure to provide biometrics.
- In March 2012, Ramirez-Coria’s counsel stated fingerprints were provided the day before the hearing, but ASC records showed no completed biometrics; no timely biometrics were available for the hearing.
- The IJ deemed the cancellation-of-removal application abandoned under § 1003.47(c) and granted voluntary departure; the BIA affirmed, and the petition for review was denied.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the BIA properly exercised discretion to dismiss as abandonment | Ramirez-Coria argues good cause existed; BIA abused discretion | BIA’s dismissal was supported by timing and lack of proof of biometrics | No abuse; BIA reasonably dismissed as abandoned |
| Whether failure to provide biometrics constitutes abandonment under § 1003.47 | Procedural failures were excused with attempts to comply | Noncompliance with biometrics and documentation constitutes abandonment | Abandonment established; proper under § 1003.47 |
| Whether Ramirez-Coria was adequately informed of the biometric requirement | He lacked adequate notice/instructions | Instructions were clear on Form EOIR-42B and by the IJ | Instructions were adequate; no prejudice shown |
Key Cases Cited
- Uanreroro v. Gonzales, 443 F.3d 1197 (10th Cir. 2006) (review of BIA grounds; reliance on IJ explanation)
- Elzour v. Ashcroft, 378 F.3d 1143 (10th Cir. 2004) (deference to BIA findings; standard of review)
- Infanzon v. Ashcroft, 386 F.3d 1359 (1st Cir. 2004) (adequacy of BIA reasoning required; not summary)
- Umezurike v. Holder, 610 F.3d 997 (7th Cir. 2010) (good cause requires timely action; long delay insufficient)
- Gomez-Medina v. Holder, 687 F.3d 33 (1st Cir. 2012) (abuse of discretion standard for discretionary dismissal)
- Jimenez-Guzman v. Holder, 642 F.3d 1294 (10th Cir. 2011) (IJ’s discretion to grant continuances for good cause)
- Ballesteros v. Ashcroft, 452 F.3d 1153 (10th Cir. 2006) (discretionary nature of decisions under good cause standards)