Searching over 5,500,000 cases.

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Terrazas-Hernandez v. Barr

United States Court of Appeals, Fifth Circuit

May 16, 2019


          Petition for Review of an Order of the Board of Immigration Appeals

          Before BARKSDALE, SOUTHWICK, and HAYNES, Circuit Judges.

          RHESA HAWKINS BARKSDALE, Circuit Judge:

         Raul Terrazas-Hernandez claims the Department of Homeland Security's reinstatement in August 2012, pursuant to 8 U.S.C. § 1231(a)(5), of his prior (October 1993) removal order is an impermissibly retroactive application of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA), amending the Immigration and Nationality Act, 8 U.S.C. § 1101, et seq. IIRIRA is not impermissibly retroactive as applied to Terrazas. In addition, his claim his entry was lawful because he was allegedly waved through by officials at a border checkpoint is foreclosed by our precedent. DENIED.


         Terrazas is a Mexican citizen. In general, the parties dispute when, and at what ages, Terrazas entered the United States illegally. It appears he did so approximately four times between 1985 and 1994, usually by falsely claiming American citizenship. (Because Terrazas has given conflicting testimony over the years regarding his various entries, the exact number is unclear.)

         In any event, prior to 1985, Terrazas' father, on a date not found in the record, filed an I-130 visa petition on his son's behalf. It was approved in 1984.

         Based on that approval, Terrazas presented himself at the United States consulate in Juarez, Mexico, in May 1992, seeking a visa to enter as the son of a lawful permanent resident (LPR). But, his misdemeanor marihuana conviction in June 1988 and arrest record apparently required the denial of his visa.

         Terrazas was arrested in Texas in 1993 and convicted of driving with a suspended license. Following that conviction, he was discovered by immigration officials during a jail check in Midland, Texas, and turned over to Border Patrol custody in April 1993. While in custody, he admitted to Border Patrol that he had entered the United States illegally with his girlfriend; and, because he had no documentation supporting his lawful presence in the United States, the Immigration and Naturalization Service (INS) initiated deportation proceedings.

         Terrazas was ordered deported in October 1993 by an immigration judge (IJ). Although the IJ denied voluntary departure, concluding it would be "a fruitless effort", Terrazas nevertheless voluntarily removed on the day he was ordered to be deported. He asserts he reentered the United States two days later.

         And, through counsel, he appealed the IJ's decision to the Board of Immigration Appeals (BIA), seeking suspension of deportation. The BIA denied his appeal and affirmed the deportation order because Terrazas had voluntarily removed in July 1989 "under threat of deportation", thereby "br[eaking] the continuity of [his] physical presence in the United States" and rendering him statutorily ineligible for suspension of deportation. He was removed following the Board's decision in 1994, but illegally reentered that year.

         Beginning in 1995, Terrazas filed for adjustment of status (adjustment-application), Form I-485, three times. In its Notice of Decision letter denying his second adjustment-application in 2011, the Department of Homeland Security (DHS) warned Terrazas that his 1993 removal order was subject to reinstatement. DHS reinstated the prior deportation order on 25 August 2012.

         Nevertheless, Terrazas apparently expressed fear of being returned to Mexico, and, as a result, in June 2017 was granted a reasonable-fear interview with an asylum officer to evaluate whether he was entitled to discretionary withholding of removal. (But, when arrested in 2012-after the 1993 order was reinstated-at his home in Midland, Texas, by Immigration and Customs Enforcement (ICE) officers, the ICE officer noted in his summary of the arrest that Terrazas had stated he "[did] not fear harm or persecution if . . . returned to Mexico". In any event, as noted, in June 2017 he was granted the reasonable-fear interview.)

         In June 2017, the asylum officer found Terrazas credible, but concluded he did not establish a reasonable fear of persecution or torture if returned to Mexico. Terrazas requested review of the officer's determination by an IJ.

         Terrazas appeared before the IJ that June. (His counsel was not present, but the IJ commented that counsel "sent his significant other to kind of take notes on his behalf with the [c]ourt's permission".) The IJ affirmed the asylum officer's reasonable-fear determination, explaining that he otherwise did not "have the legal authority to terminate ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.