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US Circuit Court of Appeals
8th Circuit Case Summaries

2005/04/08

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OPINION SUMMARIES -April 08, 2005
U.S. 8TH CIRCUIT COURT OF APPEALS
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04/08/05 Sergiy Sukhov v. John Ashcroft
Opinion
U.S. Court of Appeals
Case No. 03-1440
and No. 03-2797
Agency Petition for Review - Immigration. BIA did not abuse its discretion in denying motions to reopen and reconsider. [PUBLISHED] [Wollman, Author, with Magill and Colloton, Circuit Judges]

04/08/05 Martha Wondimu Alemu v. John Ashcroft
Opinion
U.S. Court of Appeals
Case No. 03-3464
Agency Petition for Review - Immigration. Immigration Judge's credibility findings with respect to petitioner's claims of past persecution were supported by cogent reasons, and the ultimate findings rejecting her claims of past persecution were supported by the substantial evidence; petitioner failed to establish a well-founded fear of future persecution based on ethnicity or political beliefs if she returned to Ethiopia; findings with respect to claim for asylum and withholding of removal also supported denial of relief under the Convention Against Torture. [PUBLISHED] [Loken, Author, with Magill and Benton, Circuit Judges]

04/08/05 United States v. Robert Wade
Opinion
U.S. Court of Appeals
Case No. 03-4037
Northern District of Iowa
Criminal case - Sentencing Guidelines. District court did not err in denying motion for relief under 18 U.S.C. Sec. 3582(c)(2), as defendant's sentence is not affected by Amendment 591 to the Guidelines. [UNPUBLISHED] [Per Curiam - Smith, McMillian and Gruender, Circuit Judges]

04/08/05 Mathias Etchu-Njang v. John Ashcroft
Opinion
U.S. Court of Appeals
Case No. 04-1054
Agency Petition for Review - Immigration. Petitioner failed to establish a well- founded fear of persecution based on political affiliation if he returned to Cameroon; claim of ineffective assistance of counsel was not raised before the BIA and would not be considered; if the issue could be considered, cancellation of removal is discretionary and ineffectiveness of counsel in the proceeding does not establish a deprivation of a protected liberty interest and a violation of due process rights. [PUBLISHED] [Colloton, Author, with Wollman and Magill, Circuit Judges]

04/08/05 Naomi L. Tellez v. Jo Anne B. Barnhart
Opinion
U.S. Court of Appeals
Case No. 04-1739
Southern District of Iowa
Civil case - Social Security. ALJ did not err in refusing to give controlling weight to reports from psychiatrist and nurse practitioner, when those reports were clearly at odds with claimant's actual work history and the reports of her employers; ALJ properly evaluated subjective allegations of disabling pain under the Polaski standard; ALJ did not err in finding claimant was capable of performing her past relevant work. [PUBLISHED] [Beam, Author, with M. Arnold and Riley, Circuit Judges]

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