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Eighth Circuit

2012 | 2011 | 2010 | 2009 | 2008 | 2007 | 2006 | 2005 | 2004 - 2003

  • CA8 Finds Conviction Precludes Review of CAT Protection Claim(508 KB - 5/29/2013)
    The court held that the petitioner’s conviction for burglary in the second degree is an aggravated felony, and that the conviction precludes the court from reviewing the BIA’s denial of CAT protection. (Gallimore v. Holder, 5/22/13)
    AILA Doc. No. 13052945.
  • CA8 Denies Withholding of Removal to Evangelical Christians from Mexico(510 KB - 5/15/2013)
    The court held that the petitioners did not show that the conditions in their town rose to the level of persecution, and that they could relocate to a different part of Mexico to avoid persecution as Evangelical Christians. (Alavez-Hernandez v. Holder, 5/8/13) AILA Doc. No. 13051559.
    AILA Doc. No. 13051559.
  • CA8 Denies Colombian Petitioner’s Withholding and CAT Claims(531 KB - 4/26/2013)
    The court held that the petitioner was not eligible for withholding of removal because she failed to establish that it would be unreasonable for her to relocate, and found she had not suffered from past persecution. (Castro-Gutierrez v. Holder, 4/22/13) AILA Doc. No. 13042666.
    AILA Doc. No. 13042666.
  • CA8 Upholds Denial of Motion to Suppress Based on Warrantless Entry(550 KB - 4/23/2013)
    The court denied the petition for review and held that the ICE officers’ conduct was not egregious enough to warrant exclusion of the decisive evidence uncovered as a result of the officers’ warrantless entry. (Carcamo v. Holder, 4/19/13) AILA Doc. No. 13042353.
    AILA Doc. No. 13042353.
  • CA8 Finds TRIG Hold Case is Moot Because USCIS Granted Exemption(517 KB - 4/9/2013)
    The plaintiff sought a judgment declaring that USCIS acted unlawfully by putting his adjustment application on hold due to terrorism-related inadmissibility grounds. The court dismissed the appeal as moot. (Ayyoubi v. Holder, 4/2/13) AILA Doc. No. 13040952.
    AILA Doc. No. 13040952.
  • CA8 Denies Peruvian Asylum Claim Based on Political Opinion(463 KB - 3/14/2013)
    The court upheld the BIA’s conclusion that the petitioner failed to show that Peruvian authorities were unable or unwilling to protect him from his persecutors. (Gutierrez-Vidal v. Holder, 3/11/13) AILA Doc. No. 13031450.
    AILA Doc. No. 13031450.
  • CA8 on “Particular Social Group” Requirement(432 KB - 3/11/2013)
    The court denied the asylum claim, holding that “family members of local business owners” is not a particular social group and that the petitioner did not prove that he was targeted for gang recruitment because of his father's business. (Quinteros v. Holder, 3/1/13) AILA Doc. No. 13031149.
    AILA Doc. No. 13031149.
  • CA8 Upholds Adverse Credibility Determination, Denies Relief(428 KB - 2/1/2013)
    The court upheld the IJ’s adverse credibility determination and denied asylum, withholding, and CAT relief, finding that the IJ highlighted the inconsistencies and implausibilities in the applications, testimony, and hearing exhibits. (Fofana v. Holder, 1/29/13) AILA Doc. No. 13020152.
    AILA Doc. No. 13020152.
  • CA8 Finds BIA Failed to Consider Future Persecution Claim(474 KB - 1/17/2013)
    The court found that while the petitioner did not establish that he experienced past persecution, the BIA failed to consider one aspect of his distinct claim of a well-founded fear of future persecution and remanded the case. (Tegegn v. Holder, 1/11/13) AILA Doc. No. 13011748.
    AILA Doc. No. 13011748.