Vicente Martinez-Martinez v. Eric Holder, Jr.
2014 U.S. App. LEXIS 19741
| 5th Cir. | 2014Background
- Martinez, a Salvadoran citizen, entered the U.S. unlawfully in 2004.
- At a 2012 IJ hearing, the judge advised respondents of appellate rights and the 30-day appeal window.
- IJ individually asked Martinez if he would appeal after stating the decision; Martinez ultimately accepted final order.
- Martinez asked about bond; the IJ denied bond and noted no form of relief was sought.
- BIA dismissed Martinez’s appeal, concluding he knowingly and intelligently waived appellate rights, applying substantial-evidence review.
- Court deny petition for review, affirming the BIA’s waiver finding.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Martinez knowingly and intelligently waived appellate rights | Martinez contends no knowing waiver given questions/answers. | BIA found conduct and responses show knowing waiver. | Waiver supported by substantial evidence. |
Key Cases Cited
- Kohwarien v. Holder, 635 F.3d 174 (5th Cir. 2011) (substantial-evidence standard applied to waiver determinations)
- INS v. Elias-Zacarias, 502 U.S. 478 (Supreme Court 1992) (standard for substantial evidence in immigration waiver review)
- Zhang v. Gonzalez, 432 F.3d 339 (5th Cir. 2005) (codified framework for substantial-evidence review)