Legal Opinions - U.S. 4th Circuit Court of Appeals: August 25, 2008

Daily Record, The (Baltimore), Aug 25, 2008

The district court has other tools available to ensure that the trial proceeded as expeditiously as possible; for example, by requiring, to the extent possible, that the direct and cross- examination of Siegel's ex-husbands and daughters focus on the specifics of Siegel's actions.

The district court's preference for a shorter, more focused trial did not provide a sufficient basis for the wholesale exclusion of "other crimes" evidence that was relevant, admissible, and highly probative. Cf. Untied States v. Colomb, 419 F.3d 292, 297 (5th Cir. 2005).

CONCURRENCE AND DISSENT: Judge Kiser concurred in Part II of the opinion, which held that the Court had jurisdiction over the appeal pursuant to 18 U.S.C. [section]3731.

He dissented, in part, however, because he would have found that whether the excluded evidence to the charged crime scheme was a fact committed to the judgment of the district court, under Rule 104, and should, therefore, have been reviewed under an abuse of discretion standard. See Burt Rigid Box, Inc., v. Travelers Property Casualty Corp., 302 F.3d 83, 92 (2d Cir. 2002).

PRACTICE TIPS: "[T]he more similar the prior act is (in terms of physical similarity or mental state) to the act being proved, the more relevant it becomes" for purposes of Rule 404(b). United States v. Queen, 132 F.3d 991, 997 (4th Cir. 1997).

Immigration Law

Political asylum

BOTTOM LINE: Asylum petitioner's right to confidentiality was breached in violation of 8 U.S.C. [section]208.6, requiring a remand to allow her to pursue a new claim for asylum.

CASE: Anim v. Mukasey, US4th No. 07-1373 (decided Aug. 11, 2008) (Judges MICHAEL, Motz & Keeley (sitting by designation)).

COUNSEL: Kim-Bun Thomas Li, Washington, DC, for Petitioner. Jem Colleen Sponzo, Office of Immigration Litigation, United States Department of Justice, Washington, DC, for Respondent.

FACTS: Dorothy Anim, a citizen of Cameroon, petitioned for review of the denial of her application for asylum and other relief. As part of her case before the immigration judge, Anim submitted copies of three convocations (summonses to appear) issued to her by the Cameroon police shortly after she fled the country.

Anim was part of an English-speaking minority in Cameroon organizing to protest the actions of her government. As a result of her protests, she was jailed and beaten several times. After each arrest, she was ordered to cease involvement with Southern Cameroon's National Council.

She continued her involvement, however, despite the threats from the police. After one particularly brutal stay in jail, she obtained a U.S. visa and left Cameroon. Following her departure, her sister was served with three convocations ordering Anim to appear at the local police station.

After she applied for asylum, Anim agreed to an investigation into the validity of the convocations and other documents supporting her application. The investigation was conducted by Cynthia Bunton a director with the State Department.

The immigration judge denied Anim's application, finding that it relied chiefly upon the Bunton letter, which reported, based on an overseas investigation, that the convocations were fraudulent.