CA8 (11.12.04)
The Eighth Circuit published five opinions today. Here are quick summaries from the court’s website.

USA v. Lucy Mitchell, 03-2323: Evidence was sufficient to support conviction for aiding and abetting the making of a material false statement to the INS.

Mohamed El-Sheikh v. John Ashcroft, 03-2944: Denial of asylum claim was not supported by substantial evidence because there were no agency findings as to whether: (1) petitioner's testimony was credible, (2) whether his testimony concerning police detention and abuse, if credible, established past persecution, and if so (3) whether the government had rebutted the presumption that petitioner has a well-founded fear of future persecution if he returns to Sudan; case remanded for further administrative proceedings.

Raisul Amin v. John Ashcroft, 03-3038: Immigration Judge had ample reasons for finding petitioner's testimony on past persecution was not credible; finding that petitioner is a citizen of Bangladesh was supported by the record.

Jani Strato, et al. v. John Ashcroft, 03-3421: Board of Immigration Appeals did not abuse its discretion in denying motion to reopen based either on its finding that the motion did not present any new evidence or its alternative holding that even if the evidence was new, it would not overcome the deficiencies in the prima face case for asylum.

USA v. Adil Gasim Al-Dabbi, 04-1053: Admission of testimony that defendant assaulted a member of the conspiracy and was connected to a firearm was not plain error as the evidence was relevant to show defendant's attempts to control members of the conspiracy through fear and violence; nor did admission of the testimony violate Rule 404(b); no Brady violation shown.