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2012

  • CA8 Finds DHS Did Not Violate Asylum Applicant’s Confidentiality Rights(548 KB - 12/14/2012)
    The court rejected the petitioner’s arguments that an overseas DHS investigation violated her confidentiality rights and that the IJ considered untrustworthy evidence, and upheld the BIA’s conclusion she had not suffered past persecution. (La v. Holder, 12/13/12)
    AILA Doc. No. 12121450.
  • CA8 Denies Asylum Claim Based on HIV-Positive Status(538 KB - 12/7/2012)
    The court found the BIA adequately addressed the petitioner’s asylum claim, which was based on his HIV-positive status, and upheld the IJ’s adverse credibility finding and decision to exclude medical records. (R.K.N. v. Holder, 12/3/12)
    AILA Doc. No. 12120762.
  • CA8 Denies Guatemalan Asylum and Withholding Claim(485 KB - 12/4/2012)
    The court found the Guatemalan petitioner could not establish past persecution based on attacks on family members and an incident where the PNC handcuffed, beat, and burned him with a cigarette. (Garcia-Colindres v. Holder, 11/30/12)
    AILA Doc. No. 12120453.
  • CA8 Remands Asylum and Cancellation Case to BIA(515 KB - 11/13/2012)
    The court remanded the case, holding that the BIA’s basis for rejecting the asylum claim was unclear and may have relied on an incorrect statement of law, and that it engaged in improper fact-finding when considering the cancellation claim. (Flores v. Holder, 11/7/12)
    AILA Doc. No. 12111360.
  • CA8 Upholds Denial of Motion to Terminate under FFOA(529 KB - 11/9/2012)
    The court denied the petitioner’s asylum application, and rejected her argument that the BIA erred in denying her petition to terminate removal proceedings under the Federal First Offender Act (FFOA). (Brikova v. Holder, 11/7/12)
    AILA Doc. No. 12110953.
  • CA8 Finds Asylum Applicant Committed Serious, Nonpolitical Crime(520 KB - 11/7/2012)
    The court upheld the BIA’s conclusion that the petitioner committed a “serious, nonpolitical crime” when he attacked a family planning official in China, and was thus ineligible for asylum under INA §208(b)(2)(A)(iii). (Zheng v. Holder, 10/31/12)
    AILA Doc. No. 12110753.
  • CA8 Finds No Objectively Reasonable Fear of Future Persecution for Kenyan Professor(519 KB - 11/7/2012)
    The court denied asylum, upholding the BIA’s conclusion that the petitioner did not show an objectively reasonable fear of future persecution and rejecting the argument that the IJ violated due process rights by delaying his decision. (Wanyama v. Holder, 11/1/12)
    AILA Doc. No. 12110752.
  • CA8 Denies Motion to Reopen Asylum Case Based on Material Change in Circumstances(515 KB - 10/29/2012)
    The court held that two new letters in support of the petitioner’s asylum claim did not establish a change in circumstances or undermine the initial determination that he failed to establish a well-founded fear of persecution. (Lopez-Mendez v. Holder, 10/29/12)
    AILA Doc. No. 12102952.
  • CA8 Holds Asylum Applicant’s Daughter Is Unlikely To Be Subjected to FGM(519 KB - 9/17/2012)
    The court upheld the IJ and BIA’s determination that the petitioner did not demonstrate a well-founded fear of persecution because it concluded that his daughter was unlikely to be subjected to FGM. (Hounmenou v. Holder, 9/11/12)
    AILA Doc. No. 12091746.
  • CA8 Remands, Finds BIA Applied Wrong Standard of Review(508 KB - 8/8/2012)
    The court found that the BIA did not err in concluding that Petitioner committed a “violent or dangerous crime” under 8 CFR §1212.7(d), but that it engaged in improper fact finding and failed to review the IJ’s findings for clear error. (Waldron v. Holder, 8/6/12)
    AILA Doc. No. 12080860.
  • CA8 Upholds Denial of Asylum for Witness in Israeli Murder Trial(485 KB - 8/7/2012)
    The court found that Petitioner failed to establish that the government condoned the harassment directed toward Petitioner by private parties, or that it was helpless to protect against it. (Salman v. Holder, 8/6/12)
    AILA Doc. No. 12080757.
  • CA8 Finds North Dakota Racketeering Conviction Is an Aggravated Felony(516 KB - 8/7/2012)
    The court rejected the argument that INA §101(a)(43)(J) requires a state racketeering offense to have an interstate or foreign commerce element and found that Petitioner’s North Dakota racketeering conviction was an aggravated felony. (Spacek v. Holder, 7/31/12)
    AILA Doc. No. 12080753.
  • CA8 on Particular Social Group in Guatemalan Asylum Claim(477 KB - 7/19/2012)
    The court held that “Guatemalans returning from the U.S. who are perceived as wealthy” is not a particular social group within the meaning of the INA, and denied the petition for review. (Matul-Hernandez v. Holder, 7/17/12)
    AILA Doc. No. 12071933.
  • CA8 Holds That It Lacks Jurisdiction to Review VAWA Cancellation Denial(469 KB - 6/5/2012)
    The court held that it lacked jurisdiction to review the decision to deny VAWA cancellation, finding that the petitioner’s argument was actually challenging how the BIA weighed the relevant factors. (Hamilton v. Holder, 6/5/12)
    AILA Doc. No. 12060558.
  • CA8 Remands Case for CIMT Analysis Under Silva-Trevino(553 KB - 5/29/2012)
    Applying the “realistic probability” analysis set forth in Silva-Trevino, the court concluded that the petitioner’s conviction for providing a false name to a peace officer was not categorically a crime involving moral turpitude. (Bobadilla v. Holder, 5/29/12)
    AILA Doc. No. 12052954.
  • CA8 Declines to Reopen Cancellation Case(505 KB - 5/8/2012)
    The court found that the BIA did not abuse its discretion when it refused to reopen the petitioner’s removal proceedings based on new evidence regarding his son’s developmental delay. (Camarillo-Jose v. Holder, 5/7/12)
    AILA Doc. No. 12050850.
  • CA8 on 212(h) Waiver Eligibility(520 KB - 5/4/2012)
    The court upheld the BIA’s conclusion that the petitioner was ineligible for a 212(h) waiver because his conviction for possession of drug paraphernalia in a vehicle is not “a single offense of simple possession of … marijuana.” (Popescu-Mateffy v. Holder, 5/2/12)
    AILA Doc. No. 12050465.
  • CA8 on Corroboration and Transcript Deficiencies(269 KB - 3/16/2012)
    The court found that the IJ did not err in requiring further corroborative evidence to support the asylum application, but remanded to determine whether transcript deficiencies masked testimony that corroborative testimony was unavailable. (Omondi v. Holder, 3/15/12)
    AILA Doc. No. 12031668.
  • CA8 Upholds Social Visibility/Particularity Inquiries in Asylum Claim(242 KB - 3/2/2012)
    The court denied the petitioner’s gang-based asylum claim, and upheld “social visibility” and “particularity” as requirements for establishing membership in a particular social group. (Gaitan v. Holder, 3/1/12)
    AILA Doc. No. 12030270.
 
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