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   Federal Courts - 8th Circuit Court of Appeals - April 4, 2006

  
Bushira v. Gonzales, No. 05-2386, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 4, 2006, Filed
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Overview: An alien's petition for review of the denial of her application for asylum was granted because the IJ placed the burden on the alien to demonstrate a well-founded fear of future persecution without making the antecedent determination as to whether she established past persecution.

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DCS Sanitation Mgmt. v. Castillo, No. 05-1201, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 4, 2006, Decided
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Hinshaw v. Ark. Local Police & Fire Ret. Sys., No. 05-1205/05-1217/05/1218, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 4, 2006, Decided
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Lopez-De Leon v. Gonzales, No. 04-1319, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 4, 2006, Filed
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Senda v. Comm'r, No. 05-1118, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 4, 2006, Decided
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Sierra Club v. United States Army Corps of Eng'rs, No. 04-3910, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 4, 2006, Filed
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Overview: District court erred in dismissing claim by an environmental protection group that the Army Corps of Engineers violated NEPA by issuing a FONSI rather than an EIS on proposed construction of a levee. Decision to issue a FONSI was the culmination of the agency's NEPA decision-making and was therefore subject to immediate judicial review under APA.

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United States v. Burns, No. 04-1512, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 4, 2006, Decided
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United States v. Castaneda, No. 05-1010, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 4, 2006, Decided
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United States v. Eastin, No. 04-3823, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 4, 2006, Filed
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Overview: Defendant's sentence to the mandatory minimum under 18 U.S.C.S. § 924(e) for being a felon in possession of a firearm in violation of 18 U.S.C.S. § 922(g)(1) was affirmed because his previous conviction for incest with his 16-year-old daughter in violation of Cal. Penal Code § 285 was a violent felony under the Armed Career Offender Act.

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United States v. Masse, No. 05-1812, UNITED STATES COURT OF APPEALS FOR THE EIGHTH CIRCUIT, April 4, 2006, Decided
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