Holding that election officials acted under color of state law when they, in the course of their official duties, willfully altered and falsely counted the ballots of voters in a primary election
Holding that DeShaney barred a claim against an off-duty policy officer who failed to intervene when another officer, not acting under color of state law, shot a guest in his home
Holding that, where the unlawful conduct was not made possible by a defendant's status as a corrections officer, the action complained of did not occur under color of state law
Holding that "a mutual understanding, or a meeting of the minds, between the private party and the state actor" is sufficient to establish that the private party was acting under color of law (quoting Pendleton v. St. Louis Cty., 178 F.3d 1007, 1011 (8th Cir. 1999) )
Holding it was legal error when "[t]he BIA denied CAT relief solely because it was not clear that the men who threatened and beat Garcia were actual police officers," but "[n]either the BIA nor the IJ considered the alternative view of the evidence showing that the extortionists may have received their information about Garcia from other government officials acting in their official capacities"
8 U.S.C. § 1231 Cited 7,944 times 13 Legal Analyses
Concluding that once petitioner's removal order was reinstated, he was no longer eligible for "relief" in the form of adjustment of status-even if he could obtain a Form I-212 waiver