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2011

  • CA8 Rejects Fourth Amendment Argument, Finds No “Egregious” Violation(76 KB - 10/31/2011)
    The court found that where local officers entered a restaurant without a warrant after acting on a tip that a liquor ordinance was being violated, there was no egregious Fourth Amendment violation warranting suppression. (Garcia-Torres v. Holder, 10/28/11)
    AILA Doc. No. 11103165.
  • CA8 Finds BIA Disregarded St. Cyr, Directs AG to Exercise §212(c) Discretion(63 KB - 10/13/2011)
    The court held that the BIA erred in declaring it was free to apply the statutory counterpart rule as it evolved post-212(c) repeal, rather than analyzing retroactive effect in light of the legal landscape at the time of 212(c)’s repeal. (Lovan v. Holder, 10/13/11)
    AILA Doc. No. 11101337.
  • CA8 Finds No Due Diligence or Prejudice in Ineffective Assistance Claim(58 KB - 10/11/2011)
    The court upheld the denial of Petitioner’s MTR for adjustment where she filed the motion 3 years after discovering counsel’s ineffectiveness, and noted that there was no prejudice because she was not previously eligible for adjustment. (Valencia v. Holder, 10/7/11)
    AILA Doc. No. 11101165.
  • CA8 Upholds Denial of Nigerian Christian Asylum Claim(19 KB - 10/11/2011)
    The court found that Petitioner suffered little physical harm at the hands of Muslim gangs, that his family continued to practice their religion without incident, and that there was no evidence that the government condoned the harassment. (Osuji v. Holder, 10/5/11)
    AILA Doc. No. 11101162.
  • CA8 Says Evidence of Alienage was Lawfully Obtained(24 KB - 9/7/2011)
    The court found no need for an evidentiary hearing where the record did not support Petitioner’s belief that his arrest was racially motivated, and found no evidence that Petitioner’s statements regarding alienage were involuntary. (Lopez-Gabriel v. Holder, 9/2/11)
    AILA Doc. No. 11090767.
  • CA8 Applies “Strong Presumption” of Service; Upholds In Absentia Order(37 KB - 9/1/2011)
    In a case governed by the IIRIRA transitional rules, the court found that Petitioners failed to rebut the “strong presumption” of service where notice of proceedings was sent via certified mail and the record contained proof of delivery. (Patel v. Holder, 8/31/11)
    AILA Doc. No. 11090160.
  • CA8 Upholds Denial of Asylum for Venezuelan Woman(36 KB - 8/26/2011)
    The court upheld the BIA’s conclusion that Petitioner failed to establish that she was targeted on account of her political opinion or sexual orientation, or that the treatment she experienced rose to the level of persecution. (Lopez-Amador v. Holder, 8/15/11)
    AILA Doc. No. 11082661.
  • CA8 Rejects Social Group Claim in MS-13 Case(27 KB - 8/2/2011)
    The court agreed with the BIA that “persons resistant to gang violence” are too diffuse to be recognized as a social group and that Petitioner’s family was no different from any other Salvadoran family that has experienced gang violence. (Constanza v. Holder, 8/1/11)
    AILA Doc. No. 11080265.
  • CA8 Rejects Claim, Says Petitioner Failed to Raise Question of Law(72 KB - 7/29/2011)
    The court found jurisdiction to review nondiscretionary determinations underlying a denial of cancellation of removal, but declined to review Petitioner’s claim that the BIA improperly weighed the factors in its hardship determination. (Solis v. Holder, 7/28/11)
    AILA Doc. No. 11072967.
  • CA8 on False Claims to U.S. Citizenship by Unaccompanied Minors(78 KB - 6/22/2011)
    Over dissent, the court vacated the removal order and remanded to the BIA to clarify the standard it uses in applying the inadmissibility provision for a false claim to U.S. citizenship, INA §212(a)(6)(C)(ii), to unaccompanied minors. (Sandoval v. Holder, 6/14/11)
    AILA Doc. No. 11062245.
  • CA8 Rejects §245(i) Claim for K-1 Entrant Who Did Not Marry Petitioner(100 KB - 6/22/2011)
    The court held that 8 CFR §245.1(c)(6)(i) is a permissible construction of INA §245 and bars a K-1 visa holder from adjusting status on any basis other than marriage to the U.S. citizen petitioner notwithstanding §245(i). (Birdsong v. Holder, 6/13/11)
    AILA Doc. No. 11062241.
  • CA8 Remands for BIA Finding on Equitable Tolling of MTR Deadline(37 KB - 5/24/2011)
    The court remanded for the BIA to determine whether the motion deadline is equitably tolled based on ineffective assistance of counsel, and if so, to rule on the motion whether on the basis of the departure bar or other grounds. (Ortega-Marroquin v. Holder, 5/23/11)
    AILA Doc. No. 11052468.
  • CA8 Instructs District Court to Vacate Revocation of Labor Certification(82 KB - 4/14/2011)
    The court found jurisdiction to review DHS’s invalidation of the labor certification under 20 CFR §656.30(d), and found that the government ignored significant evidence refuting the allegation that the labor certification was fraudulent. (Sugule v. Frazier, 4/4/11)
    AILA Doc. No. 11041462.
 
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