Justia U.S. 8th Circuit Court of Appeals Opinion Summaries

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

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

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

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

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

The Eighth Circuit denied a petition for review of the BIA's affirmance of the IJ's decision to deny the I-751 petition, to terminate petitioner's permanent resident status, and to have her removed under 8 U.S.C. 1227(a)(1)(D)(i). The court held that substantial evidence supported the finding that petitioner failed to establish that her marriage was bona fide and not entered into primarily to secure an immigration benefit. In this case, there was substantial direct evidence of the couple's intent at the time of marriage for petitioner to come to the country to enter into a sham marriage for immigration purposes. View "Sagoe v. Sessions" on Justia Law

The Eighth Circuit denied the petitions for review of the BIA's order denying petitioner's applications for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Petitioner, on behalf of herself and her son, claimed that her husband and a male neighbor have persecuted her on account of her membership in a particular social group as a Guatemalan woman, and will persecute her again if she returns to Guatemala. The court held that petitioner failed to establish that she suffered past persecution and that she did not have a well-founded fear of future persecution. The court explained that persecution was an extreme concept and minor beatings from her husband did not amount to persecution. Furthermore, the harassment and threats from her neighbor also did not cross the threshold to constitute persecution. Finally, petitioner has not demonstrated an entitlement to relief under the Convention Against Torture, because the record did not show more likely than not that she would be subjected to torture in Guatemala. View "Lopez-Coronado De Lopez v. Sessions" on Justia Law

The Eighth Circuit denied a petition for review of the BIA's order dismissing petitioner's appeal from the IJ's decision finding petitioner removable and denial of his applications for withholding of removal and for protection under the Convention Against Torture (CAT). The court held that petitioner waived his challenge to the IJ's application of the "one central reason" nexus standard to petitioner's withholding of removal application; substantial evidence supported the IJ's conclusion that petitioner's worship of Santa Muerte was not one central reason for his persecution by Mexican law enforcement; and substantial evidence supported the denial of petitioner's application for CAT protection. View "Garcia-Moctezuma v. Sessions" on Justia Law

The Eighth Circuit denied a petition for review of the BIA's dismissal of petitioner's appeal of his removal order. The court held that the BIA correctly determined that Minnesota misdemeanor domestic assault qualified as a crime of domestic violence and thus petitioner's conviction for this offense rendered him ineligible for cancellation of removal. View "Onduso v. Sessions" on Justia Law

The petition for rehearing by panel was granted and the previous opinion and judgment on July 10, 2017 was vacated.The Eighth Circuit denied a petition for review of the BIA's denial of petitioner's application for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). Petitioner sought to narrow his defined social group, but the court lacked jurisdiction to consider the argument because it had not been raised before. The court held that the BIA's finding that petitioner did not suffer past persecution based on his political opinion was supported by substantial evidence. In this case, there was no nexus between any possible persecution and his political opinion or any other statutorily protected ground. Furthermore, while petitioner's fear of persecution may be genuine, he failed to point to specific facts indicating this fear was more than speculation of the possibility of future harm. View "Baltti v. Sessions" on Justia Law