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2010

  • CA8 on “Egregious” Fourth Amendment Violations under Lopez-Mendoza(80 KB - 12/27/2010)
    The court refused to suppress evidence of Petitioner’s alienage, finding no egregious 4th Amendment violation where no allegations of misconduct were asserted beyond a claim of a lack of probable cause at the time of his arrest. (Puc-Ruiz v. Holder, 12/23/10)
    AILA Doc. No. 10122750.
  • CA8 Remands Congolese Case for Clear Probability of Persecution(61 KB - 12/2/2010)
    The court directed the BIA to consider whether Petitioner’s current activities would cause him to be singled out for persecution, and whether a pattern and practice of persecution exists as to actual and imputed political dissidents.(Malonga v. Holder, 9/14/10)
    AILA Doc. No. 10120263.
  • CA8 Finds Reinstatement of Removal Not Impermissibly Retroactive(285 KB - 12/1/2010)
    Over dissent, the court found no retroactive effect in the application of reinstatement of removal under INA §241(a)(5) as applied to Petitioner, who had an asylum application pending when the 1996 reinstatement provision was enacted. (Jerez v. Holder, 8/25/10)
    AILA Doc. No. 10120169.
  • CA8 Says District Court May Review I-130 Denial(238 KB - 12/1/2010)
    In light of the Supreme Court decision Kucana v. Holder, the court held that the bar to judicial review of discretionary decisions under INA §242(a)(2)(B)(ii) does not preclude district court review of an I-130 denial. (Ginters v. Frazier, 8/5/10)
    AILA Doc. No. 10120161.
  • CA8 Finds Misuse of a Social Security Number is a Crime of Moral Turpitude(24 KB - 11/30/2010)
    The court gave deference to the BIA’s interpretation and found reasonable its conclusion that misuse of a social security number in violation of 42 USC §408(a)(7)(B) is a crime involving moral turpitude. (Guardado-Garcia v. Holder, 8/4/10)
    AILA Doc. No. 10113069.
  • CA8 Finds §212(a)(9)(C)(i)(I) Inadmissibility Trumps §245(i)(35 KB - 11/30/2010)
    The BIA’s decision in Matter of Briones, which held that aliens inadmissible under INA §212(a)(9)(C)(i)(I) are not eligible for §245(i) adjustment of status, was a reasonable interpretation of ambiguous statutory provisions. (Renteria-Ledesma v. Holder, 8/4/10)
    AILA Doc. No. 10113068.
  • CA8 Clarifies Holding in Tamenut Regarding Judicial Review of Sua Sponte Motions(57 KB - 7/22/2010)
    CA8 clarified that it is precluded from reviewing sua sponte motions, not because of a lack of jurisdiction, but rather because the court has no meaningful standard against which to judge the agency's unfettered exercise of discretion. (Ochoa v. Holder, 5/5/10)
    AILA Doc. No. 10072266.
  • CA8 Grants Rehearing to Review Continuance Denial Following Kucana Decision(27 KB - 7/22/2010)
    CA8 granted petition for panel rehearing and vacated part of its prior opinion, finding that it now has jurisdiction to consider petitioner’s challenge to denial of his motion for continuance under Kucana v. Holder. (Hernandez v. Holder, 06/04/10)
    AILA Doc. No. 10072265.
  • CA8 Applies Hassan Case Precedent in Denial of FGM Asylum Case(28 KB - 7/22/2010)
    CA8 held that, in light of adverse credibility findings and lack of corroborating evidence to establish identity, petitioner could not satisfy burden of proof to show FGM occurred "on account of her membership" in a protected category. (Fesehaye v. Holder, 06/04/10)
    AILA Doc. No. 10072264.
  • CA8 Upholds Denial of Acquittal on Charge of Conspiracy to Commit Marriage Fraud(221 KB - 6/7/2010)
    CA8 affirmed lower court's denial of a motion for acquittal on conspiracy to commit marriage fraud, finding circumstantial evidence sufficient to justify jury's conclusion that defendant knowingly entered into marriage for purposes of evading immigration laws. (U.S. v. Yang, 05/10/10)
    AILA Doc. No. 10060730.
  • CA8 on Eligibility for Relief of Adjustment of Status(27 KB - 5/25/2010)
    CA8 denied petitioner, upholding finding that petitioner is ineligible for relief in the form of adjustment of status based on conviction for crime of moral turpitude. (Lui v. Holder, 04/06/10)
    AILA Doc. No. 10052580.
  • CA8 Finds Jurisdiction to Review Continuance Denial Based on Kucana Decision(220 KB - 5/25/2010)
    CA8 denied petition and held that since Supreme Court's Kucana decision effectively overruled CA8 decision in Onyinkwa, the court has jurisdiction to review the IJ's denial of the continuance. (Thimran v. Holder, 03/25/10)
    AILA Doc. No. 10052530.
  • CA8 Remands, Finding BIA Interpretation of Motion to Remand Distorted Aspect of Claim(45 KB - 5/25/2010)
    CA8 remanded, holding that to the extent that BIA interpreted the motion to remand as an attempt to have the IJ decide her adjustment of status application, BIA's analysis distorted petitioner's request for a continuance for USCIS to consider her widow petition.(Clifton v. Holder, 03/23/10)
    AILA Doc. No. 10052579.
  • CA8 Remands, Finding Petitioner Eligible for Asylum Based on Past Persecution(44 KB - 5/25/2010)
    CA8 remanded asylum claim to IJ, finding that that the evidence would compel any reasonable fact-finder to conclude that petitioner suffered past persecution.(Bracic v. Holder, 04/29/10)
    AILA Doc. No. 10052571.
  • CA8 Affirms Denial Finding 209(c) Waiver Had No Bearing on Removability for Conviction(72 KB - 3/30/2010)
    CA8 found that since the 209(c) waiver in the record dealt only with waiving inadmissibility grounds for the purpose of seeking adjustment of status, it had no bearing on removability for a conviction and due process was not denied. (Freeman v. Holder, 3/8/10).
    AILA Doc. No. 10033068.
  • CA8 Affirms Denial for Failure to Timely Petition Court for Review of Final Removal Order(27 KB - 3/30/2010)
    CA8 denied petition finding because respondent did not timely petition court for review of final ICE removal order, district court lacked jurisdiction “to hear any claim” for relief that would frustrate agency’s action to execute order. (Lang v. Napolitano, 3/1/10)
    AILA Doc. No. 10033066.
  • CA8 Finds Corroborated Confession Sufficient Evidence to Support Illegal Re-entry Conviction(28 KB - 3/8/2010)
    CA8 affirmed defendant's conviction for illegal re-entry, finding defendant's corroborated confession was sufficient evidence to support the jury verdict. (United States v. Fajardo-Fajardo, 2/12/10)
    AILA Doc. No. 10030872.
  • CA8 Finds Unlawful Use of SSN Constitutes Crime Involving Moral Turpitude(30 KB - 3/8/2010)
    CA8 denied petition, finding that conviction for unlawfully using social security number under 42 U.S.C. § 408(a)(7)(A) constituted crime involving moral turpitude.(Lateef v. Dep’t of Homeland Security, 1/29/10)
    AILA Doc. No. 10030869.
  • CA8 on CAT Specific Intent Requirement(78 KB - 3/8/2010)
    CA8 denied petition, finding that Convention Against Torture’s specific intent element cannot be satisfied by a showing that severe physical or mental pain or suffering is merely the foreseeable consequence of a deliberate action. (Cherichel v. Holder, 1/12/10)
    AILA Doc. No. 10030864.
  • CA8 Finds State Conviction for Making Terroristic Threats Constitutes Aggravated Felony(25 KB - 3/8/2010)
    CA8 denied petition finding petitioner's conviction under Minnesota law for making terroristic threats constituted an aggravated felony because it involved a crime of violence. (Olmsted v. Holder, 12/4/09)
    AILA Doc. No. 10030863.
 
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