ADMINISTRATIVE LAW, CONSTITUTIONAL LAW, ENVIRONMENTAL LAW, PROPERTY LAW & REAL ESTATE
Summers v. Earth Island Inst., No. 07-463
In an action challenging Forest Service regulations exempting certain land management activities from the agency’s review process, an injunction against the regulations is reversed where Plaintiffs lacked standing to challenge the regulations absent a live dispute over a concrete application of those regulations.
ADMINISTRATIVE LAW, IMMIGRATION LAW
Negusie v. Holder, No. 07-499
In an application for asylum, the denial of the application based on Petitioner’s persecution of others is reversed, where the Board of Immigrant Appeals misapplied Fedorenko v. US, 449 U.S. 490 (1981), as mandating that whether an alien is compelled to assist in persecution is immaterial for prosecutor-bar purposes. The BIA must interpret the statute, free from this mistaken legal premise, in the first instance.
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