Justia Immigration Law Opinion Summaries

The Eighth Circuit denied a petition for review challenging the BIA's dismissal of petitioner's appeal from an IJ's decision denying her request to terminate proceedings based on Pereira v. Sessions, 138 S. Ct. 2105 (2018), and denying her applications for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).As a preliminary matter, the court concluded that precedent forecloses petitioner's argument, based on Pereira, that the immigration court never acquired jurisdiction over her proceedings because her Notice to Appear (NTA) was deficient. The court also concluded that the agency properly denied petitioner's asylum application because her proposed particular group of "family unaffiliated with any gangs who refuse to provide any support to transnational criminal gangs in Guatemala" was not legally cognizable because it lacked particularity and social distinction. Even assuming that her proposed particular social group of her nuclear family was cognizable, the court further concluded that substantial evidence supports the agency's finding that she failed to demonstrate the requisite nexus between any persecution or fear of persecution and her membership in the group. Furthermore, petitioner failed to establish her eligibility for withholding of removal, and she failed to exhaust her CAT claim. View "Osorio Tino v. Garland" on Justia Law

After settling with the liability carrier, plaintiff filed an Underinsured Motorist (UIM) claim with her insurer, Farmers. Farmers made a settlement offer that was rejected by plaintiff when she presented a significantly higher counteroffer. In response to the counteroffer, Farmers continued its investigation by requesting updated medical documents and informing plaintiff that she needed to submit to an examination under oath (EUO). Plaintiff refused and filed this action.The Eighth Circuit affirmed the district court's grant of summary judgment in favor of Farmers, concluding that, by commencing suit, plaintiff materially breached the cooperation clause with Farmers. The court explained that nothing in the language of the policy draws a distinction between an initial investigation or a reopened investigation, and plaintiff has cited nothing in either her policy or Missouri law supporting her claim that her duty to cooperate was extinguished under these circumstances. Furthermore, plaintiff waived her argument that she was excused from waiving her duty to cooperate and the evidence does not support her claim that Farmers waived its right to request an EUO. The court concluded that when plaintiff failed to submit to the requested EUO, she prevented Farmers from continuing its investigation of her claim. Consequently, her refusal prejudiced Farmers. Finally, the record demonstrates that Farmers was reasonably diligent in its decision to require plaintiff's participation at an EUO. View "McClune v. Farmers Insurance Co., Inc." on Justia Law

The Eighth Circuit affirmed the district court's grant of summary judgment in favor of the government in an action where the government sought to revoke defendant's citizenship because he entered the country and sought asylum using a false identity and then concealed this deception when later applying for naturalization under his true identity.The court concluded that the plain language of the U.S. Attorney Rule, 8 U.S.C. 1451(a), which requires the local U.S. Attorney to institute an action to revoke naturalization, and its placement in the statute, indicate that the U.S. Attorney Rule is not jurisdictional, and there is an absence of Supreme Court decisions treating similar provisions as invoking subject matter jurisdiction. In this case, the district court did not err in holding that the undisputed evidence showed that revocation of defendant's citizenship was warranted based on illegal procurement of his naturalization and procurement of his naturalization by concealment or misrepresentation of a material fact. View "United States v. Daifullah" on Justia Law

The Eighth Circuit denied a petition for review challenging the BIA's decision affirming the IJ's denial of relief under the Convention Against Torture (CAT). The court rejected petitioner's challenge to the non-per-se-PSC (particularly serious crime) term under 8 U.S.C. 1231(b)(3)(B)(ii)) as unconstitutionally vague, concluding that the statute's text, while ambiguous, does more than apply to a crime's imagined, ordinary case and it imposes standards that must reference underlying facts. The court also rejected petitioner's alternative, non-refoulement claim. In this case, after determining that petitioner committed a PSC (past), the IJ did not need to conduct a separate danger-to-the-community analysis (present or future). Finally, the court concluded that petitioner was not entitled to CAT relief where he concedes that his evidence does not meet the more-likely-than-not standard of proof for being tortured if he were returned to Somalia. View "Mumad v. Garland" on Justia Law

The Eighth Circuit denied a petition for review of the BIA's decision ordering petitioner removed. The IJ had granted petitioner relief under the Convention Against Torture (CAT), finding that it was more likely than not that he would be tortured by al-Shabaab if he were returned to Ethiopia. However, the BIA concluded that the IJ's factual conclusions were clearly erroneous because they were based on a hypothetical chain of occurrences and not a plausible view of the facts and record in the case.The court concluded that the BIA applied the correct legal standard and did not engage in impermissible factfinding. In this case, the BIA cabined itself to reviewing the record and concluded that the evidence could not support the IJ's conclusions about petitioner's likelihood of torture and the Somalian government's acquiescence; it did not reweigh the evidence or find its own facts; and it committed no legal or factual error. View "Mohamed v. Garland" on Justia Law

The Eighth Circuit granted a petition for review of the BIA's order denying petitioner and her two daughters' motion to reopen and remand. After petitioners sought asylum, withholding of removal, and protection under the Convention Against Torture, their petition was denied. Petitioners then applied for a U nonimmigrant status and moved for the Board to administratively close their appeal pending review of the U visa.In this case, the government has conceded petitioners' prima facie eligibility for U visa status as well as their due diligence in seeking it. The court concluded that the BIA abused its discretion in two respects: it departed from established policy when it failed either to apply the Sanchez Sosa factors or to remand to allow the IJ to do so, and it failed to provide a rational explanation for its decision, including its treatment of this court's binding precedent in Caballero-Martinez v. Barr, 920 F.3d at 549. Accordingly, the court vacated the BIA's order and remanded for further proceedings. View "Gonzales Quecheluno v. Garland" on Justia Law

The Eighth Circuit denied a petition for review challenging the BIA's denial of petitioner's second motion to reopen her immigration proceedings. Having reviewed petitioner's proffered evidence, including her affidavit and several news articles, the court concluded that there was no abuse of discretion in the BIA's assessment that the evidence unfortunately "shows that the poor conditions facing gays and Christians in Somalia have remained substantially similar since the time of [her] hearing" and that reopening was not warranted on the basis of changed country conditions.The court also concluded that petitioner failed to establish that she was denied a fair hearing in violation of her due process rights. The court explained that petitioner's removal proceedings did not deny her a fair hearing because nothing in the record suggests the IJ would have had any indication that petitioner, who was incarcerated at the time, was intoxicated or otherwise unable to understand the proceedings. View "Yusuf v. Garland" on Justia Law

The Eighth Circuit denied petitions for review of the BIA's decision affirming the IJ's order denying petitioner and her two minor children's claims for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Petitioner testified that she had suffered persecution, or alternatively torture, at a drug cartel's behest because of her membership in a particular social group defined as "Mexican mothers who refuse to work for the Cartel."The court concluded that the BIA did not err in denying petitioner's asylum application because petitioner's social group is not sufficiently particularized or socially distinct. Insofar as petitioner relies on her uncle's death as evidence of persecution, the court has previously explained that evidence of isolated violence is insufficient. Because petitioner was unable to demonstrate eligibility for asylum, it follows that she is also unable to demonstrate eligibility for withholding of removal. Finally, the court concluded that substantial evidence supported the BIA's denial of CAT relief based on the fact that petitioner can safely relocate, joining her parents in a Mexican state free from the cartel's control. View "Rosales-Reyes v. Garland" on Justia Law

The Eighth Circuit denied a petition for review challenging the BIA's order denying petitioner removal relief. The court concluded that petitioner failed to rebut the presumption set out in In re Y-L-, 23 I.&N. Dec. 270, 274 (A.G.), that unlawful trafficking in controlled substances presumptively constitutes a particularly serious crime. Furthermore, the IJ did not err in not considering mental health as a factor in the particularly serious crime analysis.In regard to relief under the Convention Against Torture, the court agreed with the IJ's finding that, while cartel violence continues in Mexico, that alone cannot show a more-likely-than-not chance that the Mexican government would acquiesce in petitioner's torture. In this case, petitioner's evidence falls short of this standard where the threats she experienced where not sufficient to support her claims. View "Gilbertson v. Garland" on Justia Law

The Eighth Circuit denied a petition for review of the BIA's decision concluding that petitioner was removeable and denial of his request for a form of cancellation of removal available to children who have been battered by parents who are lawful permanent residents. The court concluded that petitioner failed to exhaust his claim that the BIA engaged in improper fact finding, the issue is not before the court, and the issue will not be considered. Although the court has jurisdiction to review the predicate legal question whether the Board properly applied the law in determining eligibility, the court lacked jurisdiction to review an ultimate decision denying cancellation of removal as a matter of discretion. View "Mencia-Medina v. Garland" on Justia Law