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| Aneyoue v. Gonzales, No. 05-2924,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: Alien's petition for review was denied. She failed to show that BIA abused its discretion when it denied her motions to reopen her case and to reconsider its decision denying that motion. The BIA did not commit legal or factual error when it concluded that new evidence submitted by alien to support her asylum claim was previously available to her.
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| BJC Health Sys. v. Columbia Cas. Co., No. 06-1326,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: An insured health care provider was allowed to present evidence of mathematical misfeasance by a reinsurer that was allegedly acting in bad faith to cancel its contractual coverage under its incurred loss trigger to excuse coverage; striking of punitive damages for failure to plead fraud with particularity under Fed. R. Civ. P. 9(b) was affirmed.
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| Brown v. Simmons, No. 05-4406,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: Teacher's complaint that a superintendent infringed his due process rights by denying a name-clearing hearing after teacher was stigmatized by defamatory statements was properly dismissed under Fed. R. Civ. P. 12(b)(6) for failure to state a "stigma plus" claim because it did not allege any alteration or extinguishment of a right or legal status.
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| Cao v. Gonzales, No. 05-3356,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: Pursuant to 8 U.S.C.S. § 1252(b)(4)(B), the BIA's denial of asylum was supported by the record, including an alien's highly questionable "abortion certificates," his credulity-straining testimony about his wife's post-sterilization pregnancy, and his alleged detention pending his wife's surrender for an involuntary abortion in China.
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| Cincinnati Ins. Co. v. Sawmill Hydraulics, Inc., No. 06-2980,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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| Estrada-Dominguez v. Gonzales, No. 06-1197,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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| Ju Weng v. Gonzales, No. 05-3422,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: BIA did not abuse its discretion in denying motion to reopen removal proceedings based on changed circumstances under 8 C.F.R. § 1003.23(b)(3) because outdated articles about women who had forced abortions in China did not establish that alien's fear of sterilization, as a male, was objectively reasonable and, thus, make prima facie case of asylum.
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| Kutchaidze v. Gonzales, No. 05-3848,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: BIA properly denied the alien's request for asylum, withholding of removal, and relief under the CAT because the alien had not established a well-founded fear of persecution based on the fact that the alien was a Jehovah's Witness, and particularly when the alien's parents and son resided in the Republic of Georgia without recent incident.
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| Poerwantini v. Gonzales, No. 06-1950,
UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, February 23, 2007, Filed
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Overview: Substantial evidence supported the BIA's finding that the random incidents of harassment did not rise to the level of persecution warranting asylum because the beating and sexual harassment of the Christian aliens by Muslims resulted in only minor injuries and they failed to show that any acts of violence were attributable to the government.
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