Soadjede v. Ashcroft, 324 F.3d 830 (5th Cir. 2003). · Go Syfert
Soadjede v. Ashcroft, 324 F.3d 830 (5th Cir. 2003). Cases Citing This Book View Copy Cite
Quick Summary

Summary affirmance procedures that allow a board member to affirm a decision without opinion do not violate due process or deprive a court of a basis for judicial review.

An individual challenging a final order of removal argues that the Board of Immigration Appeals' use of summary affirmance procedures violates due process. The individual contends that the Board's issuance of an affirmance without opinion provides an inadequate basis for judicial review. The court applies a de novo standard of review to the constitutional challenge. The court holds that the streamlining regulation, which allows a single Board member to affirm a decision without opinion when the issue is controlled by precedent or the questions are insubstantial, does not violate due process. Because the immigration judge's decision remains the subject of judicial review, the summary procedure does not deprive the court of a basis for review.

869 citation events (869 in the last 25 years) across 12 distinct courts.
Treatment trajectory · 2003 → 2026 · click a year to view as-of
2003 2014 2026
Cited for
At page 833 Treat unbriefed issues as abandoned in review556 citing casesstating issues not briefed are abandoned7 citing courts put it this way · 41 listed here
  • Garcia v. Bondi, No. 24-60556 (5th Cir. June 25, 2025).
    To the extent the argument is not abandoned for a failure to brief, see Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003), we conclude substantial evidence supports the Board’s determination of ineligibility, see Martinez Manzanarez…
  • Sosa-Espinal v. Bondi, No. 24-60413 (5th Cir. June 3, 2025).
    See Parada-Orellana v. Garland, 21 F.4th 887, 892 (5th Cir. 2022); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Cruz-Velasquez v. Bondi, No. 24-60350 (5th Cir. Mar. 11, 2025).
    See Chambers v. Mukasey, 520 3 Case: 24-60350 Document: 43-1 Page: 4 Date Filed: 03/11/2025 No. 24- 60350 F.3d 445 , 448 n.1 (5th Cir. 2008) (stating that issues not briefed are abandoned); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir.…
  • Singh Singh v. Bondi, No. 24-60328 (5th Cir. Feb. 6, 2025). 2 cites
    App. P. 28(a)(8)(A) (providing that the argument section of a brief must contain the “appellant’s contentions and the reasons for them, with citations to the authorities and parts of the record on which the appellant relies”); Soadjede, 32…
  • Mejia-Andrade v. McHenry, No. 24-60326 (5th Cir. Jan. 31, 2025).
    (treating unbriefed issues as abandoned)
  • Alvarez-Rapalo v. Garland, No. 24-60294 (5th Cir. Dec. 12, 2024).
    See Lopez-Perez v. Garland, 35 F.4th 953 , 957 n.1 (5th Cir. 2022); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Bermudez-Guerrero v. Garland, No. 24-60206 (5th Cir. Sept. 13, 2024).
    (treating unbriefed issues as abandoned)
  • Martinez-Sabillon v. Garland, No. 23-60281 (5th Cir. Aug. 22, 2024).
    (treating unbriefed issues as abandoned)
  • Hernandez Figueroa v. Garland, No. 23-60573 (5th Cir. Aug. 1, 2024).
    See Chambers v. Mukasey, 520 F.3d 445 , 448 n.1 (5th Cir. 2008) (stating that issues not briefed are abandoned); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003) (same).
  • Renaud v. Garland, No. 23-60296 (5th Cir. Jan. 22, 2024).
    See Lopez-Perez v. Garland, 35 F.4th 953 , 957 n.1 (5th Cir. 2022); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
Show 31 more citing cases
  • Dominguez-Alvarado v. Garland, No. 23-60287 (5th Cir. Jan. 11, 2024).
    Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Cunza-Pashaca v. Garland, No. 22-60472 (5th Cir. Aug. 22, 2023).
    (stating that issues not briefed are abandoned)
  • Montano-Velasquez v. Garland, No. 22-60470 (5th Cir. July 13, 2023).
    App. P. 28(a)(8)(A); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Tegwi v. Garland, No. 22-60670 (5th Cir. July 5, 2023).
    E.g., Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).) The remand was pursuant to our court’s granting the parties’ joint motion to remand for the BIA to consider whether Tegwi had a viable claim for ineffective assistance of coun…
  • Mejia-Carvajal v. Garland, No. 22-60572 (5th Cir. July 5, 2023).
    E.g., Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).) We review the BIA’s decision and consider the IJ’s decision only to the extent it influenced the BIA.
  • Basurto-Lozano v. Garland, No. 22-60344 (5th Cir. May 10, 2023).
    (noting issues not briefed are abandoned)
  • Paz Palma v. Garland, No. 22-60341 (5th Cir. Apr. 18, 2023).
    (stating issues not briefed are abandoned)
  • Ramos Marquez v. Garland, No. 22-60241 (5th Cir. Feb. 27, 2023).
    (noting issues not briefed are abandoned)
  • Peres-Ramirez v. Garland, No. 22-60339 (5th Cir. Feb. 14, 2023).
    (stating issues not briefed are abandoned)
  • Medrano-Hernandez v. Garland, No. 22-60071 (5th Cir. Sept. 27, 2022).
    Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Pan v. Garland, No. 19-60606 (5th Cir. Sept. 2, 2022). 2 cites
    App. P. 28(a)(5), (8)(A); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003) (per curiam). 6 Roy, 389 F.3d at 137 . 7 Id. 8 Id.; Goonsuwan v. Ashcroft, 252 F.3d 383, 389-90 (5th Cir. 2001). 9 Goonsuwan, 252 F.3d at 390 . 5 Case: 19-60…
  • Rahman v. Garland, No. 21-60562 (5th Cir. July 26, 2022).
    App. P. 28(a)(8); Rui Yang, 664 F.3d at 589 ; Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Rivera-Reyes v. Garland, No. 20-61188 (5th Cir. June 30, 2022).
    Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003) (citing Brinkmann v. Dallas Cnty.
  • Salazar Juarez v. Garland, No. 20-61198 (5th Cir. Apr. 28, 2022).
    (explaining challenges not raised and briefed deemed abandoned)
  • Garcia-Hernandez v. Garland, No. 21-60004 (5th Cir. Apr. 13, 2022).
    Garcia- Hernandez has also failed to raise, and thereby abandoned, any challenge to the resolution of her CAT claim or to the BIA’s refusal to consider her proposed PSG of “women in Honduras.” See Soadjede v. Ashcroft, 324 F.3d 830, 833 (5…
  • Barahona-Flores v. Garland, No. 21-60035 (5th Cir. Mar. 15, 2022).
    See Gonzales-Veliz v. Barr, 938 F.3d 219, 228 (5th Cir. 2019); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Osorio Diaz v. Garland, No. 21-60404 (5th Cir. Dec. 15, 2021). 2 cites
    See United States v. Scroggins, 599 F.3d 433, 446 (5th Cir. 2010); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Martinez v. Garland, No. 20-60228 (5th Cir. Nov. 1, 2021). 2 cites
    To the extent the BIA determined that Martinez also failed to establish exceptional circumstances warranting the reopening of his removal proceedings, see § 1229a(b)(5)(C)(i), Martinez has abandoned any challenge to that finding by failing…
  • Rowaid v. Garland, No. 20-60525 (5th Cir. Sept. 24, 2021).
    See Chambers v. Mukasey, 520 F.3d 445 , 448 n.1 (5th Cir. 2008); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Rivera-Sorto v. Garland, No. 20-60209 (5th Cir. Sept. 14, 2021).
    (explaining petitioner made no assertion decision was contrary to substantial evidence and, therefore, abandoned the issue)
  • Rodriguez-Granados v. Garland, No. 20-60290 (5th Cir. May 12, 2021).
    By failing to brief any challenge to the BIA’s determination, she has abandoned it, see Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003), and we thus deny the petition for review in part, see Wang, 569 F.3d at 537 .
  • Reynaldo Selles Illas v. William Barr, U. S. Atty, No. 19-60607 (5th Cir. Oct. 26, 2020). 3 cites
    See United States v. Scroggins¸599 F.3d 433, 446-47 (5th Cir. 2010); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Mirian Martinez-Martinez v. William Barr, U, No. 18-60337 (5th Cir. Oct. 22, 2020).
    An applicant for withholding of removal “must demonstrate a ‘clear probability’ of persecution upon return” to her native country.12 Where the “fear of future threat” is “unrelated to the past persecution,” a clear probability of persecuti…
  • Ivani Nascimento v. William Barr, U. S. Atty Gen, No. 19-60506 (5th Cir. Oct. 2, 2020).
    See Chambers v. Mukasey, 520 F.3d 445 , 448 n.1 (5th Cir. 2008); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Saurabh Karki v. William Barr, U. S. Atty Gen, No. 19-60700 (5th Cir. July 1, 2020).
    See United States v. Scroggins, 599 F.3d 433, 446-47 (5th Cir. 2010); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Alejandro Salas Jaimes v. William Barr, U. S. Atty, No. 18-60732 (5th Cir. Apr. 2, 2020). 2 cites
    As such, we cannot review the claim he raises, see Cabral, 632 F.3d at 889 , and he has abandoned any challenge to the BIA’s ruling, see Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Maira Argueta-Martinez v. William Barr, U., No. 18-60800 (5th Cir. Nov. 21, 2019).
    Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003).
  • Danersy Cardenas-Euceda v. Matthew Whitaker, No. 18-60194 (5th Cir. Jan. 9, 2019).
    See Falek v. Gonzales, 475 F.3d 285 , 291 n.5 (5th Cir. 2007); Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003) (per curiam).
  • Adonay Migueles Alfaro v. Matthew Whitaker, No. 17-60859 (5th Cir. Dec. 4, 2018).
    As an initial matter, we agree with the Acting Attorney General that Migueles Alfaro has abandoned, by fail- ing to brief, any meaningful argument on the denial of CAT relief, see Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003), wh…
  • Qinglin Cheng v. Jefferson Sessions, III, No. 17-60124 (5th Cir. Aug. 7, 2018).
    See Gonzalez-Martinez v. Lynch, 603 F. App’x 344, 345 (5th Cir. 2015) (alien abandoned by failing to address challenge to BIA’s conclusion that she failed to comply with Lozada; citing Soadjede v. Ashcroft, 324 F.3d 830, 833 (5th Cir. 2003…
  • Rafael Mendoza-Vasquez v. Jefferson Sessions, III, No. 17-60657 (5th Cir. July 25, 2018).
    (issues not raised and briefed considered abandoned)
At page 832 Review standard for agency summary affirmance procedures105 citing cases“deprive[s] [us] of a reasoned basis for review”1 citing court quotes it · 5 listed here
  • Santos-Zacaria v. Garland, 126 F.4th 363 (5th Cir. 2025).
    Certainly, “[a]s a general rule _____________________ 35 Id. § 1208.16(b)(2). 36 Id. 37 Gonzalez-Veliz v. Barr, 938 F.3d 219, 225 (5th Cir. 2019) (alteration in original) (quoting Soadjede v. Ashcroft, 324 F.3d 830, 832 (5th Cir. 2003)). 3…
  • Santos-Zacaria v. Garland, No. 19-60355 (5th Cir. Jan. 13, 2025).
    The BIA never addressed Santos’s pattern-or-practice claim, which is _____________________ 34 8 C.F.R. § 1208.16 (b). 35 Id. § 1208.16(b)(2). 36 Id. 37 Gonzalez-Veliz v. Barr, 938 F.3d 219 , 225 (5th Cir. 2019) (alteration in original) (qu…
  • Mejia-Alvarenga v. Garland, 95 F.4th 319 (5th Cir. 2024).
    Texas v. United States, 809 F.3d 134 , 178 n.158 (5th Cir. 2015), aff’d by an equally divided Court, 579 U.S. 547 (2016). 10 Case: 22-60554 Document: 78-1 Page: 11 Date Filed: 03/08/2024 No. 22-60554 duties.” Soadjede v. Ashcroft, 324 F.3d…
  • Mejia-Alvarenga v. Garland, 90 F.4th 348 (5th Cir. 2024).
    Thus, because Congress has given the BIA the responsibility to conduct its own proceedings, the agency “should be free to fashion [its] own rules of procedure and to pursue methods of inquiry capable of permitting [it] to discharge [its] m…
  • Maria Gonzales-Veliz v. William Barr, U. S. Atty G, 938 F.3d 219 (5th Cir. 2019).
    “deprive[s] [us] of a reasoned basis for review”
At page 831 cited at this page4 citing cases
  • Velasquez-Castillo v. Garland, 91 F.4th 358 (5th Cir. 2024).
    Soadjede v. Ashcroft, 324 F.3d 830, 831 (5th Cir. 2003); see also Chen v. Holder, Jr., 598 F. App’x. 275, 276 (5th Cir.2015) (stating that the court applies the same standard for both motions).
  • Paiz Sorto v. Garland, No. 19-60032 (5th Cir. July 18, 2022).
    See Zhang v. Gonzales, 432 F.3d 339, 344 (5th Cir. 2005); Soadjede v. Ashcroft, 324 F.3d 830, 831-32 (5th Cir. 2003).
  • Reyes v. Garland, No. 21-60235 (5th Cir. July 5, 2022).
    Soadjede v. Ashcroft, 324 F.3d 830, 831-32 (5th Cir. 2003).
  • Daniel Rosas Perez v. William Barr, U. S. Atty Gen, No. 18-60815 (5th Cir. Oct. 23, 2019). 2 cites
    Case: 18-60815 Document: 00515169866 Page: 2 Date Filed: 10/23/2019 No. 18-60815 Soadjede v. Ashcroft, 324 F.3d 830, 831-32 (5th Cir. 2003).
Retrieving the full opinion text from the archive…
Kossi Thomas SOADJEDE, Petitioner,
v.
John ASHCROFT, Attorney General, Respondent
02-60314.
Court of Appeals for the Fifth Circuit.
Mar 28, 2003.
324 F.3d 830
2003 U.S. App. LEXIS 5932
2003 WL 1093979
Catherine Lampard-Naccari, New Orleans, LA, for Petitioner., William Clark Minick, Thomas Ward Hussey, Director, Terri Jane Scadron, U.S. Dept, of Justice, Civ. Div., Imm. Lit., Washington, DC, Caryl G. Thompson, U.S. INS, Dist. Directors Office, Attn: Joe A. Aguilar, New Orleans, LA, for Respondent.
King, Barksdale, Stewart.
Cited by 733 opinions  |  Published
PER CURIAM:

Kossi Thomas Soadjede challenges a final order of removal issued by the Board of Immigration Appeals (BIA) on April 2, 2002. Soadjede applied for political asylum under § 208 of the Immigration and Nationality Act (INA), withholding of removal under § 241(b) of the INA, withholding of removal under the Convention Against Torture (CAT), and in the alternative, voluntary departure. On November 17, 2000, an immigration judge denied Soadjede’s applications for asylum, withholding of removal, and protection pursuant to the CAT. The immigration judge found Soadjede statutorily ineligible for asylum because he failed to file his asylum application within one year after his arrival in the United States. With respect to Soadjede’s applications for withholding of removal and CAT protection, the immigration judge found that Soadjede failed to meet his burden of proof. The immigration judge granted Soadjede’s request for voluntary departure from the United States. The BIA summarily affirmed the immigration judge’s decision pursuant to 8 C.F.R. § 3.1(a)(7).

Soadjede argues that the BIA’s issuance of an order summarily affirming the decision of the immigration judge provides an inadequate basis for judicial review by this court. In arguing that he received less than a “full and fair trial,” his argument implicates his rights under the Due Process Clause of the Fifth Amendment. Thus, we construe Soadjede’s argument as a claim that the BIA’s affirmance without opinion procedure is unconstitutional because it violates due process. This Court reviews constitutional challenges de novo. Anwar v. INS, 116 F.3d 140, 144 (5th Cir.1997).

At issue in this case is the “streamlining” regulation, 8 C.F.R. § 3.1(a)(7), which authorizes a single Board member to:

affirm the decision of the Service or the Immigration Judge, without opinion, if the Board Member determines that the result reached in the decision under review was correct; that any errors in the decision under review were harmless or nonmaterial; and that
(A) the issue on appeal is squarely controlled by existing Board or federal court precedent and does not involve the application of precedent to a novel fact situation; or
(B) the factual and legal questions raised on appeal are so insubstantial that three-Member review is not warranted.

8 C.F.R. § 3.1(a)(7)(ii) (2002). Once the Board Member has made the determination that a case satisfies these requirements, the Board issues the following order: “The Board affirms, without opinion, the result of the decision below. The decision is, therefore, the final agency determination. See 8 C.F.R. 3.1(a)(7).” Id. § 3.1(a)(7)(iii).

The regulation provides that an affir-mance without opinion “does not necessarily imply approval of all of the reasoning of’ the decision below. Id. The regulation explicitly prohibits Board Members from including in their orders their own[*832] explanation or reasoning. Id. Consequently, the regulation designates the decision of the immigration judge, and not the Board’s summary affirmance, as the proper subject of judicial review. See Streamlining, 64 Fed.Reg. 56,135, 56,137 (Oct. 18, 1999) (“The decision rendered below will be the final agency decision for judicial review purposes”). This court has previously joined the majority of circuits in approving the authority of the BIA to affirm the immigration judge’s decision without giving additional reasons. Mikhael v. INS, 115 F.3d 299, 302 (5th Cir.1997) (noting that, where the BIA affirmed without additional explanation, this court would review the immigration judge’s decision); see also Abdulai v. Ashcroft, 239 F.3d 542, 549 n. 2 (3d. Cir.2001); Giday v. INS, 113 F.3d 230, 234 (D.C.Cir.1997); Chen v. INS, 87 F.3d 5, 7 (1st Cir.1996); Prado-Gonzalez v. INS, 75 F.3d 631, 632 (11th Cir. 1996); Urukov v. INS, 55 F.3d 222, 227-28 (7th Cir.1995); Alaelua v. INS, 45 F.3d 1379, 1382-83 (9th Cir.1995); Maashio v. INS, 45 F.3d 1235, 1238 (8th Cir.1995); Gandarillas-Zambrana v. BIA, 44 F.3d 1251, 1255 (4th Cir.1995); Arango-Aradondo v. INS, 13 F.3d 610, 613 (2d Cir. 1994).

The First Circuit recently rejected a due process challenge to the BIA’s summary affirmance procedures. In Albathani v. INS, 318 F.3d 365 (1st Cir.2003), that court found that the summary affirmance procedures do not deprive the courts of appeal of a reasoned basis for review because the immigration judge’s opinion provides the basis for review. Id. at 376-78. The court noted that “administrative agencies should be free to fashion their own rules of procedure and to pursue methods of inquiry capable of permitting them to discharge their multitudinous duties.” Id. at 376 (quoting Vt. Yankee Nuclear Power Corp. v. Natural Res. Def. Council Inc., 435 U.S. 519, 543-14, 98 S.Ct. 1197, 55 L.Ed.2d 460 (1978)). The First Circuit reasoned that they could not infer, in the absence of evidence, that the BIA did not conduct the required review of the immigration judge’s decision merely because it used a streamlined summary affirmance procedure in order to manage its caseload. Id. at 379 (“[Summary affirmance procedures] are workload management devices that acknowledge the reality of high caseloads. They do not, either alone or in combination with caseload statistics, establish that the required review is not taking place.”).

We agree with the reasoning set forth by our sister circuit in Albathani. As that court pointed out, the summary affirmance procedures employed by the BIA are similar in nature to the summary disposition procedures used by this and other courts. See 5th Cir. R. 47.6 (providing for affir-mance without opinion under enumerated circumstances). In addition, in adopting the regulation, the Department of Justice (DOJ) specifically considered the potential due process concerns about summary affir-mance. 64 Fed.Reg. at 56,138. The DOJ reasoned that the “risk of erroneous decisions resulting from the streamlining of [BIA] procedures is minimal” because “most appellants will already have had a full evidentiary hearing before an Immigration Judge.” Id. The DOJ also noted that the government has a significant interest in concentrating the resources of the BIA on “cases where there is a reasonable possibility of reversal, or where a significant issue is raised in the appeal.” Id. Ultimately, the DOJ concluded that “an endorsement of the result reached by the decision-maker below satisfies any conceivable due process requirement concerning justifications for the decisions made in any appellate process that the government decides to provide.” Id. at 56,139.

We hold that the summary affirmance procedures provided for in 8 C.F.R.[*833] § 3.1(a)(7) do not deprive this court of a basis for judicial review and that the procedures do not violate due process. Soad-jede has raised and briefed the procedural issues only. He does not argue that the decision in his case is not supported by substantial evidence. We will thus treat the issues concerning the merits of his immigration appeal as abandoned. Brinkmann v. Dallas County Deputy Sheriff Abner, 813 F.2d 744, 748 (5th Cir.1987).

Soadjede’s petition for review of the BIA’s decision is DENIED.