OPINIONS ARE POSTED DAILY BETWEEN 10:00 and 11:00 a.m. Today is: [ Thursday January 29, 2015 ] The most recent opinions are for: [ 01/29/2015 ]  DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office as a courtesy to the reader. They are not part of the opinion of the court.133113P.pdf 01/29/2015 Jose Guerrero Tejado v. Eric H. Holder, Jr. U.S. Court of Appeals Case No: 13-3113 Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Per Curiam - Before Murphy, Smith and Gruender, Circuit Judges] Petition for Review - Immigration. Court lacked jurisdiction to review challenge to IJ's factual evaluation of petitioner's request for cancellation of removal; with respect to his claim that the IJ and BIA misapplied the legal standard for finding an exceptional and extremely unusual hardship, the IJ and BIA did not err in failing to apply Matter of Recinas, 21I&N Dec. 467 (2002) as the cases were distinguishable; to the extent petitioner seeks review of the Attorney General's discretionary decision not to grant cancellation, the court lacked jurisdiction to review this decision; with respect to petitioner's claim for asylum, the IJ's finding that petitioner was not credible was supported by specific, cogent reasons and was entitled to deference, and this is a sufficient basis to deny eligibility for asylum; further, petitioner failed to show he had a well-founded fear of persecution based on membership in a particular social group, as being among those perceived as wealth because of U.S. residency is not a recognized social group.141593P.pdf 01/29/2015 Alexys Sherry Parker v. Officer Adam Chard U.S. Court of Appeals Case No: 14-1593 U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Benton, Author, with Murphy and Melloy, Circuit Judges] Civil case - Civil rights. The district court erred in denying the defendant police officers' motion for summary judgment based on qualified immunity on plaintiff's claim they seized her without reasonable suspicion, as it was not clearly established that officers - having corroborated information from an eyewitness tip and knowing that shoplifting had recently occurred - could not reasonably suspect plaintiff and conduct an investigatory stop.141630U.pdf 01/29/2015 Leon Rice, Jr. v. Greg Blankenship U.S. Court of Appeals Case No: 14-1630 U.S. District Court for the Eastern District of Arkansas - Little Rock
[UNPUBLISHED] [Per Curiam - Before Smith, Gruender and Benton, Circuit Judges] Prisoner case - Prisoner civil rights. Defendants' judgment affirmed without comment.142582U.pdf 01/29/2015 Janice Emerson v. James F. Lincoln Arc Welding U.S. Court of Appeals Case No: 14-2582 U.S. District Court for the Western District of Missouri - St. Joseph
[UNPUBLISHED] [Per Curiam - Before Smith, Bowman and Colloton, Circuit Judges] Civil case. Defendant's judgment affirmed without comment.143037U.pdf 01/29/2015 United States v. Henry Williams, Jr. U.S. Court of Appeals Case No: 14-3037 U.S. District Court for the Eastern District of Arkansas - Little Rock
[UNPUBLISHED] [Per Curiam - Before Smith, Bowman and Colloton, Circuit Judges] Criminal case - Sentencing. Sentence imposed upon the revocation of defendant's supervised release was not unreasonable.146030P.pdf 01/29/2015 Renee S. Williams v. David K. Stephens U.S. Court of Appeals Case No: 14-6030 U.S. Bankruptcy Court for the Western District of Arkansas - Texarkana
[PUBLISHED] [Federman, Author, with Schermer and Shodeen, Bankruptcy Judges] Bankruptcy Appellate Panel. The bankruptcy court did not abuse its discretion by imposing Rule 9011 sanctions where Stephens made extremely serious allegations of collusion against an attorney which did not have plausibility, were not objectively reasonable and were not supported by the evidence; award of attorneys' fees affirmed.