Articles Posted in US Court of Appeals for the Eighth Circuit

by
The Eighth Circuit granted a petition for review of the Board's decision vacating the IJ's order of withholding of removal, and denial of relief, ordering petitioner removed to Mexico. The court was unable to tell from the Board's rather opaque opinion whether the agency followed its regulations and applied the correct standard of review. Therefore, the court remanded to the Board for further proceedings in which it may clarify its decision or apply the correct standard of review as appropriate. View "Garcia-Mata v. Sessions" on Justia Law

by
The Eighth Circuit denied a petition for review of a decision finding petitioner removable from the United States. The court held that the BIA did not err by concluding that petitioner was removable for committing a controlled substance and an aggravated felony. In this case, petitioner's prior Missouri conviction for possession of a controlled substance in violation of Mo. Rev. Stat. Sec. 195.202 made him removable. View "Bueno-Muela v. Sessions" on Justia Law

by
The Eighth Circuit denied a petition for review of a decision finding petitioner removable from the United States. The court held that the BIA did not err by concluding that petitioner was removable for committing a controlled substance and an aggravated felony. In this case, petitioner's prior Missouri conviction for possession of a controlled substance with intent to deliver in violation of Mo. Rev. Stat. Sec. 195.211 made him removable. View "Martinez v. Sessions" on Justia Law

by
During the Rwandan Genocide, the United States admitted a limited number of refugees with priority given to those who were in the most danger, including, in 1998, Ngombwa and purported members of his family. In 1998, DHS received information from prosecutors in Rwanda that Ngombwa had twice been convicted in absentia by Rwandan tribal courts for participation in the Genocide and had been named in an indictment in the International Criminal Tribunal for Rwanda. The government proved at trial that his admission, status, and eventual naturalization were based on material falsehoods. At sentencing, the government proved to the district court’s satisfaction that the falsehoods were used to conceal Ngombwa’s participation in the Genocide. The Eighth Circuit affirmed his convictions for unlawful procurement of naturalization and conspiracy to commit the same, 18 U.S.C. 1425, 371, and his above-Guidelines sentence of 180 months. Rejecting Ngombwa’s claim his counsel was ineffective for failing to contact and interview five of his family members, the court reasoned that counsel made a strategic decision to avoid more detrimental evidence. View "United States v. Ngombwa" on Justia Law

by
The Eighth Circuit denied a petition for review of the BIA's order reversing an IJ's decision to grant petitioner withholding of removal. The court held that petitioner's proposed social group consisting of "former taxi drivers from Quezaltepeque who have witnessed a gang murder" did not constitute a cognizable particular social group. The court reasoned that the proposed social group would not be perceived, considered or recognized by Salvadoran society to be a distinct social group. In this case, petitioner failed to show that he would experience future persecution on account of a protected ground and therefore he was not entitled to withholding of removal. View "Miranda v. Sessions" on Justia Law

by
The Eighth Circuit denied petitions for review of two decisions of the BIA dismissing petitioner's appeal from the IJ's grant of voluntary departure with an alternate order of removal, and denying reconsideration. The court held that, in these circumstances, petitioner's belated appeal to the BIA was untimely because it was filed after termination of the voluntary departure period, whether or not it was timely filed under the BIA's procedural regulations. The court reasoned that any error by the BIA in not taking up this futile appeal of the alternative removal order on the merits was harmless. View "Camick v. Sessions" on Justia Law

by
The Eighth Circuit denied a petition for review of the BIA's decision denying petitioner's application for Temporary Protected Status (TPS) and order of removal. The court held that petitioner's prior violations of two municipal ordinances were misdemeanors that disqualified him from TPS status under 8 U.S.C. 1101(a)(48)(A). The court also held that petitioner suffered no due process prejudice. View "Rubio v. Sessions" on Justia Law

by
The Eighth Circuit denied a petition for review of the BIA's decision upholding the IJ's denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court held that petitioner's conviction for criminal sexual conduct in the third degree in violation of Minn. Stat. Sec. 609.344, subdiv.1(b) was an aggravated felony under the Immigration and Nationality Act. The court explained that a person who has been convicted under the statute has necessarily committed sexual abuse of a minor under the Act and was both removable and ineligible for asylum. View "Garcia-Urbano v. Sessions" on Justia Law

by
The Eighth Circuit denied a petition for review of the BIA's decision affirming the IJ's denial of asylum, withholding of removal, and voluntary departure. The court held that the record contained sufficient facts to support the BIA's conclusion that petitioner's prior conviction under North Dakota law for unlawful entry into a vehicle was an aggravated felony attempted theft as defined by 8 U.S.C. 1101(a)(43)(U) and (G). View "Ahmed v. Sessions" on Justia Law

by
The Eighth Circuit denied a petition for review of the BIA's dismissal of petitioner's appeal of his denial of asylum, withholding of removal, and protection under the Convention Against Torture (CAT). The court held that petitioner did not meet his burden to propose a social group, so the immigration judge did not need to seek clarification; the IJ considered the issues raised and announced its decision in terms sufficient to enable a reviewing court to perceive that it has heard and thought and not merely reacted; the BIA did not err in finding the proposed group - Guatemalans who refused to participate in drug trafficking and spoke "out of turn" about the solicitation - was too broad and amorphous to be recognizable; and petitioner failed to establish a well-founded fear of future persecution. View "Mayorga-Rosa v. Sessions" on Justia Law