Arias-Minaya v. Holder, No. 13-2537 (1st Cir. 2015)
Annotate this CaseWhen the Department of Homeland Security commenced removal proceedings against Petitioner, a Dominican national, Petitioner conceded removability and applied for voluntary departure. While the immigration proceedings were pending, Petitioner was arrested and charged with offenses arising from a domestic disturbance. One of the police officers who arrested Petitioner prepared a report documenting the incident. In the immigration course, the police report was introduced into evidence. The immigration judge (IJ) found that, although the criminal charges against Petitioner were still pending in state court, the police report reliably disclosed a disturbing set of negative factors that outweighed any positive factors. The IJ then denied voluntary departure. While Petitioner’s appeal to the Board of Immigration Appeals (BIA) was pending, the criminal charges were dismissed. The BIA remanded the matter. The IJ again denied relief, concluding that reliance on the police report was appropriate under the circumstances. The BIA affirmed. The First Circuit denied in part and dismissed in part Petitioner’s petition for review, holding (1) the Court lacked jurisdiction to consider Petitioner’s claim that the IJ’s and BIA’s decisions reflected an abuse of discretion; and (2) neither the IJ nor the BIA committed any legal error by considering the police report as a negative factor weighing against discretionary relief.
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