Ariel Carrasco Inestroza, a native and citizen of Honduras, sought asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge denied these applications, and the Board of Immigration Appeals dismissed his appeal. Inestroza then petitioned the Fourth Circuit for review, arguing that his status as a Deferred Action for Childhood Arrivals (DACA) recipient should have prevented the commencement of removal proceedings. The government responded that Inestroza's DACA had already terminated and that his criminal history rendered him ineligible for such relief.
The Fourth Circuit addressed the sole substantive contention: whether Inestroza's DACA status precluded removal proceedings. The court looked to the administrative record, which showed that Inestroza's qualified representative acknowledged his DACA status terminated in February 2023. The Notice to Appear, which charged him with being unlawfully present, was not issued until October 2024, well after his status had ended. Furthermore, the record established that Inestroza sustained multiple misdemeanor convictions prior to the service of the Notice to Appear. Citing Gonzalez v. Garland, the court noted that noncitizens are not eligible for DACA relief if they have been convicted of multiple misdemeanors. Consequently, the court found no merit to the claim that his DACA status barred removability. The court also noted that Inestroza forfeited appellate review of other agency rulings by failing to raise responsive arguments in his informal brief.
The petition for review is denied, leaving the Board of Immigration Appeals' order denying asylum and related relief in place. The decision clarifies that a terminated DACA status does not immunize a noncitizen from removal proceedings, particularly when the individual is statutorily ineligible for DACA due to multiple misdemeanor convictions. The petitioner remains subject to removal.