Legal Opinion · Concurrence
Gaitan v. Holder
Court of Appeals for the Eighth Circuit
Decided June 7, 2012No. 10-1724PublishedCited by 1 opinion
1ConcurrenceColloton, Circuit Judge
I believe the panel opinion and dissent, Gaitan v. Holder, 671 F.3d 678 (8th Cir. 2012), erred in refusing to decide whether the Board of Immigration Appeals in Matter of S-E-G- 24 I & N. Dec. 579, 582 (BIA 2008), validly declared “social visibility” and “particularity” to be “requirements” of a “particular social group” for purposes of 8 U.S.C. § 1101(a)(42)(A). As the petition for rehearing details, the argument advanced by the petitioner in this ease was not raised in either Constanza v. Holder, 647 F.3d 749 (8th Cir.2011), or Ortiz-Puentes v. Holder, 662 F.3d 481 (8th Cir.2011). Even the…
2Cases cited12 opinions
- United States v. L. A. Tucker Truck Lines, Inc.Supreme Court of the United States · 1952
- Webster v. FallSupreme Court of the United States · 1925
- Valdiviezo-Galdamez v. Attorney General of the United StatesCourt of Appeals for the Third Circuit · 2011
- Ramos-Lopez v. HolderCourt of Appeals for the Ninth Circuit · 2009
- Mendez-Barrera v. HolderCourt of Appeals for the First Circuit · 2010
7 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Francis Gathungu v. Eric H. Holder, Jr.Court of Appeals for the Eighth Circuit · 2013