Articles Posted in US Court of Appeals for the Eighth Circuit

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The Eighth Circuit denied a petition for review of the denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court held that the IJ's credibility finding was rooted in numerous inconsistencies between petitioner's testimony and the record, the implausibility of certain events, and a lack of corroborating evidence. Therefore, substantial evidence supported the denial of asylum. Because withholding of removal and CAT claims were based on the same discredited testimony, these claims also failed. View "Kegeh v. Sessions" on Justia Law

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Petitioner, a native of Ethiopia and a former government official, petitioned for review of the BIA's denial of his application of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). When petitioner attempted to narrow his social group, the Eighth Circuit held that it lacked jurisdiction to consider such arguments not clearly made before the agency. The court also held that petitioner did not experience past persecution on account of his political opinion, and his fear of future persecution was not objectively reasonable. Consequently, petitioner failed to meet the higher burden of proof required for withholding of removal. Therefore, the court denied the petition for review. View "Baltti v. Sessions" on Justia Law

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The Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of petitioner's request for asylum. The court held that the BIA did not engage in impermissible fact-finding; substantial evidence supported the BIA's conclusion that that there was an insufficient nexus between the threats and petitioner's membership in a community development organization that addressed gang problems in the area; and substantial evidence supported the conclusion that petitioner failed to demonstrate an objectively reasonable fear of future persecution. View "Gomez-Garcia v. Sessions" on Justia Law

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Petitioner, a native and citizen of Nigeria, sought review of the denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). The Eighth Circuit agreed with the IJ and the BIA that the harms petitioner described were not persecution because they were not inflicted by the government or private parties that the government was not able to control. In this case, petitioner asserted that supernatural forces inflicted much of the harm; to the extent petitioner asserted that the Nigerian government was unable or unwilling to control the devil's human agents, substantial evidence showed otherwise; substantial evidence supported the agency's determination that petitioner had no objectively reasonable fear of future persecution; and, given the record evidence showing the government's efforts to curtail the torture of suspected witches and wizards, substantial evidence supported the agency's denial of petitioner's request for CAT relief. Accordingly, the court denied the petition for review. View "Edionseri v. Sessions" on Justia Law

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Petitioner, a native and citizen of Mexico, challenged the BIA's decision affirming the IJ's finding that he was not eligible for cancellation of removal or voluntary departure because he had a prior criminal conviction for a crime involving moral turpitude (CIMT). The Eighth Circuit denied the petition for review, holding that the BIA did not err by affirming the IJ's finding that petitioner had a conviction for Aggravated Forgery and that he was ineligible for cancellation of removal. The court held that petitioner's probation, community service, and fines constitute court-imposed penalties under 8 U.S.C. 1101(a)(48). View "Mendoza-Saenz v. Sessions" on Justia Law