Aponte v. Holder, No. 11-1444 (1st Cir. 2012)Annotate this Case
Aponte, a citizen of the Dominican Republic, was admitted to the U.S. as a Lawful Permanent Resident in 1996. In 1999, she pled guilty to possession of a controlled substance. After she sought to reenter in 2003, DHS charged Aponte as removable under 8 U.S.C. 1182(a)(2)(A)(i)(II). Aponte conceded removability, but obtained a continuance to attempt to have her conviction expunged. After three years, she had not succeeded and, in 2007, the IJ ordered removal. Having received no brief, the BIA dismissed her appeal and, later, declined to reopen, finding insufficient proof of inadequate notice. On remand, Aponte claimed that her attorney before the IJ provided ineffective assistance. The BIA found that Aponte was not eligible for cancellation of removal because she did not establish seven years of continuous residence as she could not properly impute her father's residency; that she did not show prima facie eligibility for asylum, withholding, or CAT protection; and that she could not establish ineffective assistance because she had not demonstrated probability of prejudice. The First Circuit denied appeal with respect to eligibility for cancellation of removal, but remanded with respect to eligibility for asylum, withholding of removal, CAT protection, and ineffective assistance of counsel.
The court issued a subsequent related opinion or order on July 24, 2012.