Set Text Size:

S

S

S

2013

  • CA8 Remands Adverse Credibility Finding in Chinese Forced Abortion Case(509 KB - 12/17/2013)
    The court granted the petition, finding that the BIA erred by adopting the IJ’s adverse credibility finding that was not supported by substantial evidence and discrediting the petitioner’s claim of past persecution in the form of a forced abortion in China. (Zhang v. Holder, 12/11/13)
    AILA Doc. No. 13121745.
  • CA8 Finds Petitioner Is Ineligible for Adjustment of Status(507 KB - 12/13/2013)
    The court found the IJ and BIA did not err in concluding that the petitioner, who filed for adjustment while in removal proceedings, was ineligible for adjustment under INA §212(a)(2)(A)(i) because of his violation relating to a controlled substance. (Garcia-Gonzalez v. Holder, 12/9/13)
    AILA Doc. No. 13121342.
  • CA8 Finds IJ and BIA Properly Denied Motions to Suppress(515 KB - 11/20/2013)
    The court denied the petition for review, holding that even if the Petitioners alleged a Fourth Amendment violation, they did not allege a prima facie case of egregiousness to warrant exclusion of evidence in the deportation context. (Lopez-Fernandez v. Holder, 11/19/13)
    AILA Doc. No. 13112048.
  • CA8 Denies Asylum to Chinese Christian from Indonesia(524 KB - 11/8/2013)
    The court denied asylum, upholding the findings of the IJ and BIA that the harm Petitioner suffered did not rise to the level of persecution, while also noting State Department reports of decreased violence involving Chinese Christians in Indonesia. (Supangat v. Holder, 11/7/13)
    AILA Doc. No. 13110801.
  • CA8 Remands Asylum Case for Kenyan Petitioners(538 KB - 9/26/2013)
    The court granted the petition for review, finding that the BIA misapplied the “social visibility” criteria when it ruled that Mungiki defectors were not a “particular social group,” and that the Kenyan government is unable or unwilling to control them. (Gathungu v. Holder, 8/6/13)
    AILA Doc. No. 13092601.
  • CA8 Holds Nebraska Conviction for Witness Tampering Is Aggravated Felony(487 KB - 9/26/2013)
    The court denied the petition, applied the categorical approach and the BIA’s definition of “obstruction of justice,” and held that petitioner’s Nebraska conviction for witness tampering was an aggravated felony subjecting him to removal. (Armenta-Lagunas v. Holder, 8/1/13)
    AILA Doc. No. 13092661.
  • CA8 Finds FLSA Protections Extend to Undocumented Workers(515 KB - 8/2/2013)
    The court held that the Fair Labor Standards Act’s (FLSA) overtime and minimum wage protections cover undocumented workers, and does not allow employers to exploit an employee’s immigration status or profit from hiring unauthorized individuals. (Elmer Lucas v. Jerusalem Café, LLC, 7/29/13)
    AILA Doc. No. 13080247.
  • CA8 on the Meaning of “Relating to a Controlled Substance” Under INA §237(a)(2)(B)(i)(535 KB - 7/25/2013)
    The court upheld the BIA’s determination that the petitioner’s Kansas drug paraphernalia conviction is, categorically, “related to” a controlled substance within the meaning of §237(a)(2)(B)(i). (Mellouli v. Holder, 7/9/13)
    AILA Doc. No. 13072550.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
  • 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.
 
Copyright © 1993–2014, American Immigration Lawyers Association.
Suite 300, 1331 G Street, NW, Washington, DC 20005
Copyright & Reprint Policy
Contact Us