Justia Government & Administrative Law Opinion Summaries

Petitioner John Waldron, a native and citizen of the United Kingdom, had his permanent resident status in the United States terminated because of his conviction for second degree assault. Petitioner sought an adjustment of status and a waiver of inadmissibility. An immigration judge (IJ) concluded that Petitioner was eligible for relief, granting both Petitioner's adjust of status and the waiver. The Board of Immigration Appeals (BIA) reversed and ordered Petitioner removed to the United Kingdom. The Eighth Circuit Court of Appeals reversed, holding that the BIA erred by failing to review the IJ's factual findings for clear error. Remanded.

Petitioner, a native and citizen of Israel, entered the United States in September 2005. On September 21, 2006, the government commenced removal proceedings against Petitioner. In response, Petitioner submitted an application for asylum, claiming he feared persecution if he were to return to Israel. Because Petitioner submitted this application after removal proceedings were commenced, his application was also considered a request for withholding of removal. An immigration judge (IJ) found against Petitioner. The board of immigration appeals (BIA) affirmed. The Eighth Circuit Court of Appeals affirmed, holding that the BIA did not err in (1) accepting the IJ's conclusion that Petitioner did not meet his burden of proof for establishing his claim of asylum and withholding of removal; and (2) denying Petitioner's motion to reopen and remand.

Kevin Byes applied for disability insurance benefits and supplemental security income on July 30, 2007, claiming disability since November 1, 2005. The Commissioner of Social Security Administration (Commissioner) denied benefits. An administrative law judge (ALJ) upheld the Commissioner's decision, concluding that Byes was not disabled from November 1, 2005 through the date of the decision. The district court agreed with the ALJ's decision. The Eighth Circuit Court of Appeals affirmed, holding that substantial evidence supported the ALJ's finding of no severe mental impairment; and (2) the district court correctly concluded that the ALJ had applied the incorrect grid rule in order to determine Byes was not disabled but that the error was harmless.

Mischelle Richter appealed (1) the district court's order dismissing her retaliation claims under Title VII and the Missouri Human Rights Act for failure to exhaust administrative remedies, and (2) the dismissal of her wrongful discharge claim under Missouri law for failure to state a claim upon which relief may be granted. The Eighth Circuit Court of Appeals (1) affirmed the district court's dismissal of the retaliation claims, holding that Richter did not properly exhaust her retaliation claims; but (2) reversed and remanded on the state-law wrongful discharge claim, holding that Richter alleged sufficient facts to state a wrongful discharge claim under Missouri law.

Pattison Sand Company operated a sandstone mine in Iowa. After part of the mine roof collapsed near where a miner was working, the Mine Safety and Health Administration (MSHA) issued an order under the Federal Mine Safety and Health Act prohibiting any activity in much of the mine. Pattison challenged the order before the Federal Mine Safety and Health Review Commission. An ALJ determined that the order was valid and that the Commission lacked authority to modify it. Pattison moved for a temporary restraining order and preliminary injunction preventing MSHA from enforcing parts of the order. The federal district court denied relief. The Eighth Circuit Court of Appeals granted in part and denied in part Pattison's petition for review and affirmed the judgment of the district court, holding (1) substantial evidence supported the ALJ's determination that the roof fall was an accident within the meaning of the Act; (2) the ALJ's determination that he lacked the authority to modify the order was in error; and (3) the district court's conclusion that it lacked jurisdiction to consider the company's request for a temporary restraining order and preliminary injunction was not in error.

Shirley Frisby died from an apparent heart attack while working on an assembly line at Milbank Manufacturing Company in Arkansas. A claim for workers' compensation death benefits was filed just before the two-year statute of limitations expired. The Arkansas Workers' Compensation Commission denied the claim. Curtis Frisby, as administrator of his wife's estate, then commenced this wrongful death diversity action against Milbank. The district court dismissed the action as time barred. Curtis appealed, arguing that the filing of a workers' compensation claim tolls the statute of limitations for a tort claim against the employer for the same injury, and alternatively, that the Arkansas "savings statute" applies and provided him one year after the workers' compensation claim denial to file this action for the same injury. The Eighth Circuit Court of Appeals affirmed, holding (1) because Curtis was able to file a timely wrongful death tort action before or concurrent with the claim for workers' compensation benefits, the district court correctly rejected his tolling argument; and (2) the savings statute did not apply because the dismissal of the workers' compensation claim did not have the same effect as a nonsuit.

Petitioner was born in Czechoslovakia and was admitted as a permanent resident in the United States. After Defendant was convicted of racketeering, the Department of Homeland Security initiated removal proceedings. Petitioner applied for cancellation of removal and applied for a waiver of inadmissibility. An immigration judge found Petitioner eligible for both of these forms of relief, denied Petitioner a waiver of inadmissibility, and granted Petitioner cancellation of removal. The Board of Immigration Appeals (BIA) held Petitioner to be ineligible for both a cancellation of removal and a waiver of inadmissibility. The Eighth Circuit Court of Appeals affirmed, holding that the BIA did not err in finding (1) Petitioner's racketeering conviction was an aggravated felony and that he was therefore ineligible for cancellation of removal; and (2) Petitioner was ineligible for a waiver because he was lawfully admitted for permanent residence at the time of his admission, and therefore, his aggravated felony disqualified him from seeking a waiver of inadmissibility.

Appellant brought this action under 42 U.S.C. 1983 against the Kansas City Board of Police Commissioners and its members, the chief of police, and certain police officers, alleging constitutional violations under the Fourth and Fourteenth Amendments of the Constitution. The district court dismissed the action for failure to exhaust administrative remedies, reasoning Title VII of the Civil Rights Act of 1964 provided the exclusive remedy for Appellant's claims and Appellant could not circumvent the Act's procedural requirements by solely pleading constitutional violations under section 1983. The Eighth Circuit Court of Appeals reversed, holding that to the extent that Appellant's complaint asserted the violation of rights secured by the Constitution and committed by persons acting under color of state law, the district court erred in dismissing her section 1983 action for failure to comply with Title VII's procedural requirements.

Aetna Life Insurance Company, as the plan administrator, determined Sharon Wade was no longer disabled and stopped paying long-term disability benefits from Wade's former employer's welfare benefit plan. Wade sought judicial review of Aetna's decision by filing a civil action under ERISA. The district court granted summary judgment in favor of Aetna, concluding that Aetna did not abuse its discretion in terminating Wade's benefits because substantial evidence supported the decision. The Eighth Circuit Court of Appeals affirmed, holding that the district court (1) applied the appropriate standard of review; (2) gave appropriate weight to the Social Security Administration's grant of long-term disability benefits to Wade; and (3) did not abuse its discretion by determining substantial evidence supported Aetna's termination of benefits.

Petitioner Yonis Ahmed Ali, a native and citizen of Somalia, applied for asylum, withholding of removal, and protection under the Convention Against Torture (CAT). An immigration judge (IJ) denied Petitioner's applications, basing its denial of relief on its conclusion on an adverse credibility finding. The Board of Immigration Appeals (BIA) dismissed Petitioner's appeal. The Eighth Circuit Court of Appeals denied Petitioner's petition for review of the BIA order, holding that the IJ's adverse credibility determination, affirmed by the BIA, was supported by the record, and thus Petitioner could not prevail on his challenges to the decisions of the IJ and BIA.