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2008

  • CA8 Upholds Finding of Improved Conditions in Mauritania; Rejects Asylum(57 KB - 12/9/2008)
    The court held that significant discrepancies in the record, together with a lack of evidence, provided substantial support for the IJ’s adverse credibility determination. The court upheld the IJ’s determination that improved conditions in Mauritania rebutted any presumption of a well-founded fear based on past harm. (Sow v. Mukasey, 11/19/08). AILA Doc. No. 08120965.
    AILA Doc. No. 08120965.
  • CA8 Finds Lari Ethnic Group to Be a Particular Social Group for Asylum(121 KB - 12/8/2008)
    The court held that it was precluded from reviewing the IJ’s decision regarding the timeliness of the asylum application because it involved the AG’s discretionary judgment. The court also concluded that the Lari ethnic group of the Kongo tribe is a particular social group because members share a common dialect. (Malonga v. Mukasey, 11/3/08). AILA Doc. No. 08120864.
    AILA Doc. No. 08120864.
  • CA8 Finds Cameroonian Widows Constitute a Particular Social Group(100 KB - 10/27/2008)
    The court held that the BIA erred in rejecting the social group of Cameroonian widows. The court found that Cameroonian widows share an immutable characteristic and are viewed by society as members of a social group. The court found that the IJ and BIA failed to consider the non-physical harm suffered by Petitioner. (Ngengwe v. Mukasey, 9/18/08) AILA Doc. No. 08102767.
    AILA Doc. No. 08102767.
  • CA8 Finds Delay in Asylum Filing Does Not Impact Severity of Persecution (10/6/2008)
    The court held that the evidence of arrests, threats and beatings compelled a finding of past persecution. The court disagreed with the IJ’s reasoning that the abuse suffered was rendered less significant because Petitioner did not seek asylum earlier. The court upheld the IJ’s finding of changed conditions in Liberia. (Cooke v. Mukasey, 8/14/08) AILA Doc. No. 08100667.
    AILA Doc. No. 08100667.
  • CA8 Holds No Constitutional Right to Effective Assistance of Counsel (10/6/2008)
    The court held that there was no constitutional right under the Fifth Amendment to effective assistance of counsel in removal proceedings and that the BIA did not abuse its discretion when it refused to reopen Petitioner’s asylum case. The court remanded the case to the BIA to consider reopening based on discretion. (Rafiyev v. Mukasey, 8/5/08). AILA Doc. No. 08100668.
    AILA Doc. No. 08100668.
  • CA8 Denies Asylum to Nigerian Christian Soccer Player, Upholds MTR Denial (10/6/2008)
    The court held that there was substantial evidence to support the IJ’s finding that Petitioner did not suffer past persecution because he did not know who shot him and did not report the shooting. The court upheld the IJ’s finding that Petitioner lacked a well-founded fear and the BIA’s denial of the motion to reopen. (Alanwoko v. Mukasey, 8/14/08). AILA Doc. No. 08100666.
    AILA Doc. No. 08100666.
  • CA8 Upholds Denial of Withholding Based on Fear of FGM to US Citizen Child (9/16/2008)
    The court held that a parent may not bring a derivative claim for withholding based upon the fact that her child would be subjected to future persecution. The court found that the withholding statute did not permit derivative withholding claims. The court recognized that the mother is left with a difficult choice. (Gumaneh v. Mukasey, 8/1/08). AILA Doc. No. 08091665.
    AILA Doc. No. 08091665.
  • CA8 Upholds Denial of Asylum for Christian Palestinian Family (8/22/2008)
    The court found that Petitioners’ difficulties in the Palestinian territory were part of a general state of unrest and did not qualify as persecution. The court upheld the IJ’s finding that Petitioners would not likely suffer persecution by the Israeli government or at the hands of Palestinian Muslims. (Al Yatim v. Mukasey, 7/3/08). AILA Doc. No. 08082273.
    AILA Doc. No. 08082273.
  • CA8 Upholds Adverse Credibility Finding in Nigerian Asylum Claim (7/3/2008)
    The court held that the IJ offered an adequate explanation for the adverse credibility assessment and that the record supported the IJ’s determination. The court also upheld the IJ’s finding that Petitioner failed to make an effort to obtain the most basic corroborating information, such as proof of his Ogoni ethnicity. (Osonowo v. Mukasey, 4/7/08). AILA Doc. No. 08070365.
    AILA Doc. No. 08070365.
  • CA8 Finds Notice Properly Served on Fourteen Year Old (5/21/2008)
    Under 8 CFR §103.5a(c)(2)(ii), an adult must be served with notice of a minor’s removal proceedings only if the minor is under fourteen. The BIA reasonably concluded that Petitioner, who was fourteen years old at the relevant time, was properly served and that 8 CFR §103.5a(c)(2)(ii) does not violate due process. (Llapa-Sinchi v. Mukasey, 3/28/08). AILA Doc. No. 08052178.
    AILA Doc. No. 08052178.
  • CA8 Discusses False Claim to U.S. Citizenship as it Pertains to Form I-9 (5/5/2008)
    The court held that a person who marks the “citizen or national of the United States” box on a Form I-9 for the purpose of falsely representing himself as a citizen to secure employment with a private employer has falsely represented himself for a benefit or purpose under the Act under INA §212(a)(6)(C)(ii)(I). (Rodriguez v. Mukasey, 3/19/08). AILA Doc. No. 08050543.
    AILA Doc. No. 08050543.
  • CA8 Finds No Jurisdiction to Review the BIA’s Refusal to Self-Certify an Untimely Appeal (4/18/2008)
    The court held that the BIA’s refusal to take jurisdiction over an untimely appeal through the self-certification process was an unreviewable action committed to the agency's discretion. Even if review was permissible, there was no abuse of discretion because the courier failed to meet a contractual delivery commitment. (Liadov v. Mukasey, 3/14/08). AILA Doc. No. 08041832.
    AILA Doc. No. 08041832.
  • CA8 En Banc Court Finds No Jurisdiction to Review Denial of Sua Sponte Motion to Reopen (4/17/2008)
    The en banc court held that it lacked jurisdiction over a petition for review challenging the BIA’s refusal to exercise its sua sponte authority to reopen Petitioner’s case because that decision is committed to the agency’s discretion by law and is therefore barred from review by 5 USC §701(a)(2). (Tamenut v. Mukasey, 3/11/08). AILA Doc. No. 08041773.
    AILA Doc. No. 08041773.
  • CA8 Upholds BIA Denial of MTR Afghan CAT Claim Based on Changed Conditions (4/17/2008)
    In addressing Petitioner’s constitutional claim that the BIA failed to consider the country reports and affidavit submitted with his motion to reopen, the court held the record did not support his claim because the BIA specifically mentioned them. The court found that the BIA used the correct definition of acquiescence. (Hanan v. Mukasey, 3/14/08). AILA Doc. No. 08041763.
    AILA Doc. No. 08041763.
  • CA8 Rejects W/H for Lack of Credibility; Finds Ineligibility to Adjust (4/2/2008)
    The court found it lacked jurisdiction to review the timeliness of Petitioner’s asylum claim because he did not raise a constitutional claim or question of law. The court upheld the BIA’s denial of withholding based on lack of credibility. Lastly, the court held that he was ineligible to adjust based on his VWP entry. (Zine v. Mukasey, 2/19/08). AILA Doc. No. 08040268.
    AILA Doc. No. 08040268.
  • CA8 Joins Other Circuits Holding Successive Asylum Application Requires MTR (1/8/2008)
    The court held, like its sister circuits, that the BIA reasonably harmonized the relevant statutes and regulations in concluding that an asylum applicant under a final order of removal must successfully reopen his case in order to pursue an untimely or successive asylum application under INA §208(a)(2)(D). (Zheng v. Mukasey, 12/4/07). AILA Doc. No. 08010871.
    AILA Doc. No. 08010871.
  • CA8 Rejects Breach of Confidentiality Claim; Finds No Asylum Disclosure (1/8/2008)
    The court upheld the adverse credibility finding due to Petitioners’ submission of false birth certificates. The court held that the breach of confidentiality claim failed because there was no evidence the INS disclosed any information in the asylum application to Uzbek officials when examining their birth records. (Averianova v. Mukasey, 12/10/07). AILA Doc. No. 08010870.
    AILA Doc. No. 08010870.