These summaries are not intended as legal advice. Please contact a licensed attorney to discuss the specifics of your case.
Viewing entries tagged
Eighth Circuit
The Eighth Circuit has determined that Minnesota’s crime of third-degree criminal sexual conduct does not match the generic definition of rape because the Minnesota crime includes digital or mechanical penetration, which are outside the generic definition of rape.
The full text of Quito-Guachichulca v. Garland can be found here:
The Eighth Circuit has determined that year-long detention of a non-citizen without a bond hearing is permissible so long as the non-citizen’s removal proceedings remain pending on appeal.
The full text of Banyee v. Garland can be found here: https://ecf.ca8.uscourts.gov/opndir/24/09/222252P.pdf
The Eighth Circuit has determined that the terms of temporary members of the Board of Immigration Appeals (Board) can be renewed. The court also remanded a religion-based asylum claim, remanding for the Board to consider whether statements and actions by gang members demonstrated that the applicant’s evangelizing was one central reason for the harm he suffered.
The full text of Rivera v. Garland can be found here: https://media.ca8.uscourts.gov/opndir/24/07/232351P.pdf
The Eighth Circuit has determined that an Iowa conviction for possession or purchase of a visual depiction that shows a person under the age of 18 engaging in a prohibited sexual act or the simulation of a prohibited sexual act is not a sexual abuse of a minor aggravated felony. The Court observed that federal law requires “the employment, use, persuasion, inducement, enticement, or coercion of a child to engage in” the sexually explicit conduct, while Iowa Code § 728.12(3) does not. The Court remanded the case for further consideration of the petitioner’s argument that the conviction is also not a crime involving moral turpitude because it does not require that the defendant know the person in the image is underage.
The full text of Huynh v. Garland can be found here:
The Eighth Circuit has affirmed a finding that an asylum applicant who transported guns and drugs for MS-13 committed a serious non-political crime.
The full text of Herrera-Eias v. Garland can be found here:
The Eighth Circuit has determined that an Iowa domestic abuse conviction is not a crime of violence because it criminalizes simple assault.
The full text of US v. Daye can be found here:
http://media.ca8.uscourts.gov/opndir/24/01/231048P.pdf
The Eighth Circuit has affirmed that a federal conviction for voluntary manslaughter qualifies as a crime of violence because the mens rea of “depraved heart” or “extreme recklessness” is sufficient to establish a use of force against the person of another.
The full text of Brewer v. US can be found here:
The Eighth Circuit has determined that a Minnesota conviction for intentionally hiring or offering or agreeing to hire an individual who the defendant reasonably believed to be under the age of 16 years but at least 13 years to engage in sexual penetration or sexual contact is a sexual abuse of a minor aggravated felony.
The full text of Aguilar-Sanchez v. Garland can be found here:
The Eighth Circuit has concluded that an Arizona kidnapping conviction qualifies as a crime of violence because it requires the use of force against the victim (unless the victim is a minor or incompetent).
The full text of US v. Goforth can be found here:
The Eighth Circuit has rejected "Guatemalan children who are witnesses to gang crime” as a particular social group for asylum purposes. “The BIA rejected this proposed social group for lack of particularity because the term ‘children’ is ‘vague and amorphous.’ Indeed, ‘children’ could mean minor children of Guatemalan nationals, or it could mean individuals of any age who were born of Guatemalan parents. If Pacheco-Mota intended the former definition, he does not fall within its scope—he was eighteen at the time of his first hearing before the IJ. If Pacheco-Mota intended the latter definition—any person of any age who is the child of Guatemalan parents—it is far too amorphous and overbroad to satisfy the particularity requirement. Pacheco-Mota’s proposed social group also fails for lack of social distinction. If we grant Pacheco-Mota the benefit of the broader definition of ‘children,’ the proposed social group is, in effect, all Guatemalan ‘witnesses to gang crime.’ Pacheco-Mota did not introduce evidence establishing that Guatemalan society ‘in general perceives, considers, or recognizes persons sharing the particular characteristic’ of gang crime witnesses as a distinct group.”
The full text of Pachecho-Mota v. Garland can be found here: http://media.ca8.uscourts.gov/opndir/23/10/223651P.pdf
The Eighth Circuit has affirmed a finding that a lawful permanent resident was convicted of a fraud aggravated felony, even though the loss related to the sole count of conviction was approximately $1000. In so doing, the court looked to the overall restitution order (which included loss related to dismissed counts) in excess of $475,000 and her admission that she aided and abetted her mother’s scheme to defraud the State of California of that amount of money.
The full text of Robbertse v. Garland can be found here:
The Eighth Circuit has determined that an Illinois conviction for aggravated vehicular hijacking is a crime of violence because the statute does not encompass reckless acts.
The full text of United States v. Pulley can be found here:
The Eighth Circuit has determined that an Iowa conviction for domestic abuse assault with the use or display of a weapon is a crime of violence because the display of a dangerous weapon requires at least the threatened use of physical force, and there is no distinction between the “use” and the “display” of a dangerous weapon under Iowa law.
The full text of U.S. v. Conrad can be found here:
The Eighth Circuit has reaffirmed that a Missouri statute criminalizing resisting arrest is divisible as compared to the definition of a crime of violence. “Our decisions concluded that resisting arrest by using or threatening the use of force is a ‘violent felony’ under the Armed Career Criminal Act, but that resisting arrest by fleeing is not a ‘crime of violence’ under the sentencing guidelines.”
The full text of U.S. v. Brown can be found here:
The Eighth Circuit has determined that the Nebraska shoplifting statute has a broader mens rea than the generic definition of a theft-related aggravated felony. “Because an offender can be convicted under Nebraska’s shoplifting statute when he acts with an intent not encompassed by a generic theft offense, we hold that the statute sweeps more broadly than the generic federal offense.”
The full text of Thok v. Attorney General can be found here:
The Eighth Circuit has determined that an Iowa conviction for committing willful injury - even the less serious offense that requires mere injury, as opposed to serious injury - is a crime of violence. “Committing willful injury in Iowa requires an unjustified ‘act’ that is ‘intended to cause serious injury.’ The fact that the statute requires an intent to cause harm to another person necessarily means that anyone who violates it has used ‘physical force against the person of another.’”
The full text U.S. v. Cungtion, Jr. can be found here:
The Eighth Circuit has determined that a Kansas statute criminalizing possession of any opiates, opium or narcotic drugs, or any stimulant is divisible with respect to the identity of the drug.
The full text of Barbosa v. Garland can be found here:
The Eighth Circuit has determined that an Iowa conviction for use or display of a deadly weapon in connection with an assault is a crime of violence because displaying an operational weapon before another in an angry or threatening manner qualifies as a threatened use of physical force.
The full text of United States v. Green can be found here
The Eighth Circuit has rejected the proposed particular social group comprised of “witnesses who cooperate with law enforcement,” finding no evidence that Guatemalan society recognizes these witnesses as a socially distinct group.
The full decision in Oxlaj v. Garland can be found here:
The Eighth Circuit has determined that a federal conviction for assaulting, opposing, resisting, or impeding a federal officer with use of a deadly weapon or with infliction of bodily injury is a crime of violence.
The full text of US v. Medearis can be found here:
