Immigration Law News - U.S. Eighth Circuit
U.S. Eighth Circuit - The FindLaw 8th Circuit Court of Appeals Opinion Summaries Blog

Recently in Immigration Law Category

The Eighth Circuit recently denied review of a Board of Immigration Appeals ("BIA") decision which decided that a lawful permanent resident may be deported on the basis of a drug paraphernalia statute that was related to a controlled substance.

Though the Eighth Circuit aligned itself with many other circuits, the Supreme Court today granted cert to determine whether the government must prove the connection between a state drug paraphernalia conviction and a federally controlled substance.

Fremont Votes to Ban Hiring, Renting to Undocumented Immigrants

The town of Fremont, Nebraska voted to uphold an ordinance prohibiting employers and landlords from hiring or renting to undocumented immigrants.

The measure, approved in 2010, survived a constitutional challenge before the Eighth Circuit.

Despite staving off a slew of legal challenges and passing yet again by popular vote, the ban may not be free from legal scrutiny just yet.

Fremont Immigration Ordinance Rehearing Request Denied by 8th Cir.

The Eighth Circuit Court of Appeals has rejected a request for an en banc rehearing of a case challenging a Fremont, Nebraska, housing ordinance. The law requires people to prove they're in the country legally before they can rent an apartment.

In a four-sentence order issued Thursday, the Eighth Circuit denied the petition for a rehearing of the case en banc, reports the Lincoln Journal Star.

Nebraska Town's Illegal Immigrant Housing Ban OK: 8th Cir. Panel

Two judges of a three-member panel of the Eighth Circuit Court of Appeals upheld Fremont, Nebraska’s housing ban on renting to illegal immigrants. The ruling flies in the face of other appellate courts who have hesitated to endorse laws that may interfere with the federal government’s authority over immigration regulation.

The decision opens the door for the town of Fremont to begin enforcing its law, and may have a butterfly effect for other cities with similar ordinances.

Bryan St. Patrick Gallimore was arrested and convicted of second degree burglary with a sentence of no more than ten years. Gallimore was consequently facing criminal deportation as an alien convicted of an aggravated felony.

Gallimore sought to stay in the U.S. by seeking deferral of removal under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). However, he was denied because of the criminal alien bar under 8 U.S.C. Section 1227.

Martini Glass Attack: 'Violent or Dangerous' Crime?

Just so we're clear, hitting someone over the head with a martini glass is not a very masculine way to get arrested.

But, according to the Eighth Circuit Court of Appeals, it's not necessarily a "violent or dangerous" crime that serves as grounds for removal.

Court Limits BIA Appeal on Immigration Hardship Issue

For immigration attorneys practicing before the Eighth Circuit Court of Appeals, jurisdiction can be a very important topic. When the Board of Immigration Appeals shoots down your case, you may have to consider whether the Eighth Circuit can even hear your case.

A recent case was tossed by the federal appeals court for exactly that reason— lack of jurisdiction.

Aversion to Gang Recruitment Doesn't Support Asylum

Oscar Alexander Granados Gaitan, a native and citizen of El Salvador, entered the United States to escape recruitment into a gang in his home country. Five years later, the U.S. initiated removal proceedings against him. Gaitan sought asylum.

This week, the Eighth Circuit Court of Appeals ruled that Gaitan didn't qualify as a member of an articulated social group entitled to asylum, and rejected his removal appeal.

Puc-Ruiz v. Holder, No. 09-1296

Petition for Review of Removal Order

In Puc-Ruiz v. Holder, No. 09-1296, a petition for review of a Board of Immigration Appeals (BIA) decision dismissing petitioner's appeal from an Immigration Judge's (IJ) order removing him from the United States to Mexico, the court denied the petition where 1) there was no evidence in the record that the St. Charles police employed an unreasonable show or use of force in arresting and detaining petitioner; and 2) the BIA did not err in affirming the IJ's determination that petitioner's statements to an agent regarding his alienage and lack of lawful status in the U.S. were voluntarily made and need not be suppressed.

  • US v. Quintana, No. 09-2749

    Reentry Conviction Affirmed

    In US v. Quintana, No. 09-2749, the court affirmed defendant's conviction for re-entry by a deported alien following an aggravated felony conviction, holding that 1) the district court did not abuse its discretion, much less commit plain error, in relying on an officer's affidavit without a hearing; 2) the Border Patrol made a sufficient showing of probable cause to believe that defendant was a deportable alien; and 3) the government did not need to prove that use of the IAFIS/IDENT system was the quickest means of investigation reasonably available to determine whether defendant was in the country illegally.