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as a courtesy to the reader. They are not part of the opinion of the court.
153149P.pdf 02/16/2017 Maria Dolores Fuentes-Erazo v. Loretta E. Lynch U.S. Court of Appeals Case No: 15-3149 Petition for Review of an Order of the Board of Immigration Appeals
[PUBLISHED] [Wollman, Author, with Smith and Colloton, Circuit Judges] Petition for Review - Immigration. Petitioner's own evidence showed that she was able to leave an abusive relationship and live safely in Honduras for five years and the BIA did not err in finding she failed to demonstrate that she was a member of her proposed particular social group - Honduran women in domestic relationships who are unable to leave their relationships - and that she was ineligible for asylum or withholding of removal; further, she failed to show a likelihood that she would be tortured if she were returned to Honduras and that the torture would be inflicted with the consent or acquiescence of a public official. 153656P.pdf 02/16/2017 Gyronne Buckley v. Keith Ray U.S. Court of Appeals Case No: 15-3656 U.S. District Court for the Eastern District of Arkansas - Pine Bluff
[PUBLISHED] [Shepherd, Author, with Colloton and Melloy, Circuit Judges] Civil case - Civil rights. The Attorney General's office defendants were entitled to summary judgment on plaintiff's claim that their actions in accessing and referencing his expunged criminal record for his compensation proceedings before the Arkansas Claims Commissions violated his substantive due process rights; the mere act of violating the expungement statute did not amount to a brutal and inhumane abuse of official power literally shocking to the conscience; plaintiff failed to articulate any legally-cognizable liberty interest created by the Arkansas expungement statute, and defendants were entitled to qualified immunity on his procedural due process claim; with respect to plaintiff's claim that a misstatement of the record by the Attorney General during his testimony before the legislative subcommittee considering the claim constituted defamation, the Attorney General was entitled to absolute legislative immunity; plaintiff's Section 1983 claims arising out of his wrongful conviction accrued on the date the trial court invalidated his conviction, and this action was brought more than three years after that date and the claims were, therefore, time barred. 153952P.pdf 02/16/2017 United States v. Adetokunbo Adejumo U.S. Court of Appeals Case No: 15-3952 U.S. District Court for the District of Minnesota - St. Paul
[PUBLISHED] [Murphy, Author, with Loken and Kelly, Circuit Judges] Criminal case - Sentencing. The court retained power to order restitution even though it missed the 90-day deadline in 18 U.S.C. Sec. 3663(d)(5); however, the government failed to provide sufficient evidence of the ultimate losses defendant caused the victim banks; since more than four years have passed since defendant was originally sentenced and because the government was aware of defendant's objections to its evidence and still failed to introduce the additional evidence needed to prove ultimate loss, the court will not remand the matter for a third restitution proceeding; the district court's award is vacated. 161519U.pdf 02/16/2017 Major Williams, Jr. v. C. V. Rivera U.S. Court of Appeals Case No: 16-1519 U.S. District Court for the Eastern District of Arkansas - Helena
[UNPUBLISHED] [Per Curiam - Before Wollman, Murphy and Gruender, Circuit Judges] Prisoner case - habeas. Dismissal of Section 2241 petition affirmed without comment. 161681P.pdf 02/16/2017 Edward Huyer v. Steven Buckley U.S. Court of Appeals Case No: 16-1681 and No: 16-1740 and No: 16-1743 U.S. District Court for the Southern District of Iowa - Des Moines
[PUBLISHED] [Gruender, Author, with Smith and Shepherd, Circuit Judges] Civil case - Class Actions and Attorneys' Fees. The court's choice to calculate attorneys' fees based on the total settlement fund rather than the net settlement did not result in an unreasonable award, and the order awarding fees in the amount of one-third of the total settlement fund is affirmed. 161875U.pdf 02/16/2017 United States v. Theodore John Nelson, Jr. U.S. Court of Appeals Case No: 16-1875 and No: 16-1877 and No: 16-1878 and No: 16-1879 U.S. District Court for the District of South Dakota - Sioux Falls
[UNPUBLISHED] [Per Curiam - Before Loken, Bowman and Kelly, Circuit Judges] Criminal case - Criminal Law and Sentencing. Anders case. Challenges to sufficiency of the evidence and the guidelines calculations rejected; claim of ineffective assistance of counsel would not be considered on direct appeal. 162133U.pdf 02/16/2017 Amador Martinez Carrasco v. Loretta E. Lynch U.S. Court of Appeals Case No: 16-2133 Petition for Review of an Order of the Board of Immigration Appeals
[UNPUBLISHED] [Per Curiam - Before Loken, Bowman and Kelly, Circuit Judges] Petition for Review - Immigration. Substantial evidence supports the agency determination that petitioner does not qualify for the withholding of removal based on his membership in the particular social group he identified. 162674U.pdf 02/16/2017 Gerardo Cordova v. Loretta E. Lynch U.S. Court of Appeals Case No: 16-2674 Petition for Review of an Order of the Board of Immigration Appeals
[UNPUBLISHED] [Per Curiam - Before Wollman, Murphy and Gruender, Circuit Judges] Petition for Review - Immigration. The BIA did not abuse its discretion in rejecting petitioner's claim of ineffective assistance and dismissing his appeal; at no time has petitioner alleged or shown that he did not have a conviction which made him ineligible for cancellation of removal and he could not, therefore, show counsel's actions were prejudicial. 163348U.pdf 02/16/2017 United States v. Kunta Brown U.S. Court of Appeals Case No: 16-3348 U.S. District Court for the Southern District of Iowa - Des Moines
[UNPUBLISHED] [Per Curiam - Before Wollman, Murphy and Gruender, Circuit Judges] Criminal case - Sentencing. Anders case. Sentence was not unreasonable.
