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Eighth Circuit

2013 | 2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 - 1998

  • CA8 Says Petitioner’s Due Process Rights Were Not Violated in Cancellation Denial(499 KB - 8/21/2014)
    The court denied the petition, concluding that the BIA did not err in finding the evidence insufficient, and petitioner did not have a constitutionally protected liberty interest in cancellation of removal relief. (Nunez-Portillo v. Holder, 8/15/14)
    AILA Doc. No. 14082147.
  • CA8 Affirms Cancellation and Withholding Denials for Petitioner from The Gambia(504 KB - 8/19/2014)
    The court held the BIA did not err in finding petitioner ineligible for cancellation, based on false marriage testimony in the adjustment interview, and also did not err in rejecting her withholding claim as a mother of daughters at risk for FGM in Gambia. (Goswell-Renner v. Holder, 8/7/14)
    AILA Doc. No. 14081950.
  • CA8 Says Iowa Tampering With Records Conviction Is Categorically a CIMT(529 KB - 7/30/2014)
    The court upheld the BIA’s conclusion that petitioner’s conviction for tampering with records under Iowa Code §715A.5 was categorically a CIMT, rendering him statutorily ineligible for cancellation of removal. (Villatoro v. Holder, 7/28/14)
    AILA Doc. No. 14073047.
  • CA8 Lacks Jurisdiction to Review BIA’s Refusal to Reopen Sua Sponte and MTR Denial(501 KB - 7/30/2014)
    The court found that the publication of Descamps was not the kind of fundamental change in law for which sua sponte reopening was warranted, and also found that it lacked jurisdiction to review the motion to reopen (MTR) denial. (Barajas-Salinas v. Holder, 7/29/14)
    AILA Doc. No. 14073044.
  • CA8 Says Conviction for Grand Theft Auto Is Aggravated Felony(526 KB - 7/30/2014)
    The court held the BIA did not err in determining that petitioner’s 1989 conviction for grand theft auto was an aggravated felony, as it found that the conditional probationary 365 day county jail sentence was a term of imprisonment of at least one year. (Hernandez v. Holder, 7/28/14)
    AILA Doc. No. 14073043.
  • CA1 Says Denial of Motion to Suppress Records Did Not Violate Statutory Rights(509 KB - 7/28/2014)
    The court upheld the adjustment denial, finding that it was not a violation of petitioner’s statutory rights to deny the motion to suppress the I-9 Forms and educational records, as these documents contained her false statements of U.S. citizenship. (Downs v. Holder, 7/14/14)
    AILA Doc. No. 14072849.
  • CA8 Affirms Adjudicatory Delay in Terrorism-Related Inadmissibility Grounds (TRIG) Case(518 KB - 6/18/2014)
    The court found USCIS’ less than five-year delay in adjudicating the adjustment application reasonable, as prior to the TRIG exemption policy which had kept it on hold, petitioner was inadmissible for providing material support to a terrorist organization. (Irshad v. Holder, 6/11/14)
    AILA Doc. No. 14061843.
  • CA8 Declines to Review Res Judicata Argument(499 KB - 6/10/2014)
    The court denied the petition for review, finding that petitioner’s manslaughter and tampering with evidence convictions were two different causes of action, so that res judicata was inapplicable on these facts. (Cardona v. Holder, 6/6/14)
    AILA Doc. No. 14061048.
  • CA8 Finds BIA Did Not Abuse Its Discretion in Denying MTRs(504 KB - 6/10/2014)
    The court found the BIA did not abuse its discretion in denying the motions to reconsider and reopen the I-130 revocation and adjustment and asylum denials, as petitioner did not point to legal or factual errors nor submit new evidence. (Mshihiri v. Holder, 5/29/14)
    AILA Doc. No. 10461044.
  • CA8 Upholds Asylum Denial for Petitioner Fearing FGM in Kenya(512 KB - 6/9/2014)
    The court found that the petitioner did not prove prejudice when her hearing was conducted without the presence of counsel, because neither she nor her counsel set forth what evidence affirmatively proved that she was entitled to relief. (Njoroge v. Holder, 6/3/14)
    AILA Doc. No. 14060941.
  • CA8 Declines to Review MTR for Chinese Petitioner with Forced Sterilization Claim(520 KB - 5/21/2014)
    The court declined to review the motion to reopen (MTR) denial, finding that petitioner did not produce previously unavailable documents and that they did not distinguish between women who have had children in China and those who return with children born abroad. (Chen v. Holder, 5/13/14)
    AILA Doc. No. 14052140.
  • CA8 Finds Significant Discrepancies in Accounts of Border Crossing and Denies Petition(513 KB - 5/6/2014)
    The court denied the petition for review, finding that the record evidence in this case did not compel the contrary conclusion that the petitioner proposed—that he entered the U.S. by car, rather than “afoot.” (Diaz-Perez v. Holder, 5/2/14)
    AILA Doc. No. 14050655.
  • CA8 Declines to Review Asylum Denial for Chinese Christian(504 KB - 4/7/2014)
    The court denied the petition to review the asylum denial, finding that the IJ did not violate the petitioner’s right to due process because the Mandarin Chinese interpreter provided at the hearing was competent. (Yang v. Holder, 4/4/14)
    AILA Doc. No. 14040744.
  • CA8 Finds Petitioner Ineligible for Both Cancellation and §212(h) Waiver(525 KB - 4/1/2014)
    The court deferred to the BIA’s reasonable construction of §212(h), that §212(h) relief was unavailable for those convicted of an aggravated felony after acquiring LPR status, without regard to the manner in which such status was acquired. (Roberts v. Holder, 3/20/14)
    AILA Doc. No. 14040148.
  • CA8 Denies Withholding and CAT Relief to Guatemalan Petitioner Fleeing MS-13(522 KB - 4/1/2014)
    The court declined to review the CAT and withholding denials, finding that the Guatemalan petitioner did not present any evidence indicating that those who identify MS-13 gang members to police suffer greater crime than others who resist gang violence. (Garcia v. Holder, 3/19/14)
    AILA Doc. No. 14040147.
  • CA8 Denies Petition to Review Asylum Denial for Chinese Christian(522 KB - 3/26/2014)
    The court denied the petition for review, upholding the IJ’s adverse credibility determination for the Chinese Christian petitioner seeking asylum and finding that the BIA’s decision that petitioner is not eligible for asylum is supported by substantial evidence. (Li v. Holder, 3/13/14)
    AILA Doc. No. 14032644.
  • CA8 Denies Petition to Review Asylum Denial for Palestinian Petitioner(545 KB - 3/24/2014)
    The court denied the petition, finding that the Palestinian petitioner failed to articulate to the BIA his current argument that he is entitled to a determination of his nationality, or lack thereof, as a predicate to a determination of his asylum eligibility. (Agha v. Holder, 2/19/14)
    AILA Doc. No. 14032459.
  • CA8 Denies Petition to Review Cancellation Denial(507 KB - 3/24/2014)
    The court denied the petition to review the cancellation of removal denial for the Nigerian petitioner with a previous sham marriage, finding no errors by the IJ or BIA regarding admission of testimony nor incorrect legal standards. (Zeah v. Holder, 3/6/14)
    AILA Doc. No. 14032454.
  • CA8 Gives Deference to March 9, 2005 Yates Memo on 245(i)(539 KB - 1/13/2014)
    The court affirmed the BIA’s decision that petitioner was not grandfathered under INA §245(i) based on an I-130 that was filed by his former LPR spouse and granted in 1986, because the I-130 had already been used by the beneficiary to obtain adjustment of status. (Mansour v. Holder, 1/9/14)
    AILA Doc. No. 14011340.
 
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