LexisNexis® Legal Newsroom
CA8 on corroboration, defective transcript: Omondi v. Holder

"[T]he IJ and BIA did not err in their assessment that it was reasonable to expect further corroborative evidence from Omondi to support his asylum application. Because Kamau was involved in the same arrest and detention as Omondi, it was reasonable to expect Kamau’s letter to corroborate...

CA8 on CIMT; BIA Failed to Apply Silva-Trevino: Godoy Bobadilla v. Holder

"The only issue we will address is whether his conviction for providing a false name to a peace officer is categorically a crime involving moral turpitude, a question of law we have jurisdiction to consider. ... We grant Bobadilla’s petition for review and remand. ... In this case, the IJ’s...

CA8 on Past Persecution, GMC: Flores v. Holder

"Reviewing the BIA's opinion, it is unclear why the BIA upheld the IJ's finding that Flores did not suffer past persecution. ... Remand is also necessary because if the BIA is upholding the IJ's apparent adoption of a blanket rule that past persecution to family members can never be...

CA8 on Ethiopia, Well-Founded Fear: Tegegn v. Holder

"[T]he BIA did not adequately consider one aspect of his distinct claim of a well-founded fear of future persecution that was supported by credible testimony and by other record evidence including State Department Human Rights Reports. Accordingly, we grant the petition for review and remand for...

CA8 on FLSA: Lucas v. Jerusalem Cafe

"For varying periods between June 2007 and March 2010, Elmer Lucas and five other aliens (collectively, workers), without employment authorization, toiled in the Jerusalem Cafe (Cafe), some for less than minimum wage and all without receiving overtime wages. The workers sued the Cafe, and its then...

CA8 on Credibility: Zhang v. Holder

"After careful review, we conclude the Immigration Judge’s (IJ) adverse credibility findings, adopted by the BIA, are not supported by substantial evidence in the record. We therefore grant the petition for review and remand the case for further proceedings." - Zhang v. Holder, Dec. 11...

CA8 on Credibility, Frivolousness, Materiality: Limbeya v. Holder

"Boendi Limbeya, a citizen of the Democratic Republic of Congo (DRC), petitions for review of an order of removal from the Board of Immigration Appeals (BIA). Limbeya filed an application for asylum in 2005. Following a hearing, an Immigration Judge (IJ) found his application frivolous, denied all...

Mellouli Update - Kevin Johnson

The “sock removal” case continues: Mellouli v. Lynch and compliance with the Court’s mandate "Last June, the U.S. Supreme Court provided Moones Mellouli, a lawful permanent resident who had been ordered removed from the United States, with a victory in his efforts to reverse...

Supreme Court: Mellouli On Hold

"Moones Mellouli, a Tunisian who had been living legally in the United States until he was deported for a minor drug crime, won one appeal to the Supreme Court this past June and on Friday moved into position potentially to win another. The Justices, in a brief order , put off any further government...

CA8 on DOL H-1B Investigative Authority - Greater Missouri Medical Pro-Care Providers, Inc. v. Perez

GMM v. Perez, Dec. 14, 2015 - "Greater Missouri Medical Pro-Care Providers, Inc. (GMM) provides physical and occupational therapists to serve in hospitals, nursing homes, and similar facilities. GMM appeals the district court’s decision to uphold a final decision and order of the United States...

CA8 Arkansas H-2B Wage Victory - Cuellar-Aguilar v. Deggeller Attractions, Inc.

Cuellar-Aguilar v. Deggeller Attractions, Inc., Dec. 15, 2015 - "Appellants are nineteen workers who were employed by Deggeller Attractions, Inc. (“Deggeller”), a Florida corporation that operates a traveling carnival in Arkansas and various other states. Following their employment,...

CA8 on Evidence of Admission, Departure: Rodriguez-Quiroz v. Lynch

Rodriguez-Quiroz v. Lynch, Aug. 31, 2016 - "Francisco Rodriguez-Quiroz, a native and citizen of Mexico, was charged with being subject to removal as an alien present in the United States without inspection and without admission or parole. Following a total of twelve hearings spread over a period...

CA8 on Burglary, Aggravated Felony - Xiong v. Lynch

Xiong v. Lynch, Sept. 8, 2016 - "In its motion to remand, the government argues that the Board should consider whether a second-degree burglary in Minnesota constitutes a generic “burglary” within the meaning of § 1101(a)(43)(G). We conclude that the suggestion of a remand is well...