By: Sophia Barba
On May 6, 2021 the Ninth Circuit Court of Appeals denied a petition to review the BIA’s decision in Jim Route v. Merrick Garland. The case had been argued and submitted on April 13, 2021.
The 9th Circuit Court affirmed the decision by the Board of Immigration Appeals, which had concluded that Jim Route, the petitioner, had been:
“removable for having been convicted of a crime of moral turpitude (CIMT) within five years after the date of admission, 8 U.S.C. § 1227(a)(2)(A)(i)”
At issue was the interpretation of Route’s “date of admission.” Namely, if a noncitizen has multiple dates of admission, which one shall apply for purposes of deciding the date of admission when analyzing removability for committing a CIMT? The BIA had relied on its prior decision under Matter of Alyazji, 25 I. & N. Dec. 397 (BIA 2011) which stated that “date of admission,” in the context of § 1227(a)(2)(A)(i), refers to the “date of the admission by virtue of which the alien was present in the United States when he committed his crime.”
The Circuit Court had concluded that the Route case was eligible for
deference under Chevron, and had determined that under a Chevron analysis, that the BIA’s interpretation through Alyazji was a reasonable interpretation of the statute.
The petitioner’s argument rested primarily on the fact that the BIA’s reliance of the Alyazji interpretation ignored the Compact of Free Association governing the relationship between the United States and the Federated States of Micronesia (FSM). The panel rejected Route’s contention, explaining that the text of the Compact clearly subjects Micronesian citizens to the removability grounds of
§ 1227(a).
Jim Route, the petitioner, is a citizen of the Federated States of Micronesia. Route entered the United States in November 2005 as a nonimmigrant. He lived and worked in Hawai‘i. In 2015, Route returned to Micronesia for a vacation with his children; they stayed for less than two months. In June 2015, Route returned to the United States and was again admitted as a nonimmigrant. In June 2018, Route was convicted of unlawful imprisonment in the first degree, a class C felony in Hawai’i. Route was sentenced to 68 days’ imprisonment and four years’ probation.
For cultural context, the noncitizens from Micronesia make up a significant portion of the labor force in Hawai’i. According to local advocates in Hawai’i, “There are an estimated 15,000 to 20,000 Micronesians in Hawaii, who began migrating here in bigger numbers in the 1990s in search of economic and educational opportunities.” (Crux)
Part of the Petitioner’s argument rested on the unique international agreement called the Compact of Free Association, which “allows citizens from the Federated States of Micronesia, the Republic of the Marshall Islands and the Republic of Palau to live and work freely in the United States in exchange for allowing the U.S. military to control strategic land and water areas in the region.” (Crux)
According to many people living in Hawai’i, Micronesians often face hardship being treated as outsiders and targeted by locals as being unwanted laborers who allegedly take away economic opportunities from them. Some Micronesians in Hawai’i have even expressed that they experience high incidences of violence and are more targeted by police. Two days after the Ninth Circuit published its opinion declining to review the BIA’s opinion, a 16-year old Micronesian boy was shot by police in Hawai’i after allegedly committing a spree of crimes in Honolulu. Hawai’ian social media was flooded with comments that touted anti-Micronesian sentiment, illuminated a microcosm of xenophobia that is similar to sentiments carried by many on the mainland. (KCTV Channel 5)
The anti-Micronesian sentiment in Hawai’i can be compared to the treatment of Latin-American noncitizens in the contiguous territories of the United States, or even the sentiments many Europeans carry against African or Middle-Eastern migrants. The sentiment that noncitizens who arrive for economic opportunity contribute to blight, crime, and siphon opportunity from others is an oft-told narrative no matter the region.
You can find the full opinion and summary that was published by the 9th Circuit here.
