Bromfield v. Blanche
Split Score
What is a Split Score?
This score (0-100) indicates how likely this case is to be reviewed by the Supreme Court based on:
Case Summary
Disposition
Dismissed
The First Circuit dismissed in part and denied in part Jamaican national Duke St. Vaughn Keith Bromfield’s petition for review of the BIA’s decision. It held that it lacked jurisdiction over the discretionary denial of adjustment-of-status and the untimely asylum claim, and it rejected Bromfield’s withholding-of-removal arguments on adverse-credibility and non-cognizable PSG grounds while affirming that First Circuit law governed despite the IJ’s remote appearance from the Fourth Circuit.
Circuit Split Identified
Legal Issue
Proper circuit law to apply when an Immigration Judge conducts a hearing remotely from a different circuit: interpretation of 8 U.S.C. § 1252(b)(2) (‘completed the proceedings’).
Circuit Positions
Circuit law of the IJ’s physical location controls (‘completed the proceedings’ means IJ’s location).
Circuit law of the administrative venue where the NTA was filed controls (‘completed the proceedings’ means venue of commencement).
Conflict Summary
The Fourth Circuit holds that the controlling circuit is the location of the Immigration Judge who physically conducts the hearing, whereas the First Circuit (and the BIA in Matter of Garcia) hold that the controlling circuit is the administrative venue where the charging document was filed and proceedings commenced, regardless of the IJ’s remote location.