Urizar-Carrascoza v. Holder, Jr.
727 F.3d 27
1st Cir.2013Background
- Urizar-Carrascoza, a Guatemalan native, entered the U.S. in 1995 without inspection and was detained, released on bond, but did not attend subsequent proceedings.
- He was ordered deported in absentia in 1995, though he was never actually deported and learned of the order only after applying to adjust status in 2004.
- He married a U.S. citizen in 1997; they have a U.S. citizen child, and his wife became a U.S. citizen in 2001.
- Urizar-Carrascoza obtained a visa in Guatemala (2000) and traveled to the U.S. multiple times without disclosing prior deportation or his immigration history.
- He overstayed after a 2002 entry, remaining in the U.S. and later filing I-130 and I-485 in 2003; at a 2004 interview he learned of the 1995 order.
- An IJ denied waivers for fraud and unlawful presence and denied permission to reapply; BIA affirmed in 2013.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Removability based on fraud | Urizar-Carrascoza argues lack of proof of fraud admission. | Agency properly relied on admissions and facts in the NTA to establish fraud-based removability. | Removability based on fraud supported by clear evidence. |
| Denial of waivers and permission to reapply | Discretionary relief weighs were improper; review allowed for law or constitutional questions. | Waivers and reentry denial are discretionary with no reviewable questions of law or constitutionality. | No jurisdiction to review discretionary waiver/ readmission decisions; petition denied. |
Key Cases Cited
- Woodby v. INS, 385 U.S. 276 (U.S. 1966) (burden to prove deportability by clear and convincing evidence)
- Karim v. Mukasey, 269 F. App’x 5 (1st Cir. 2008) (context for assessing withdrawals of admissions)
- Romilus v. Ashcroft, 385 F.3d 1 (1st Cir. 2004) (review standard for BIA opinions and adopted IJ findings)