Skip to Main Content


Mike McCarthy Wins Remand from Eighth Circuit as a Volunteer for the Advocates for Human Rights

March 11, 2009

Mike McCarthy, a Maslon volunteer for the Advocates for Human Rights, recently won remand from the Eighth Circuit, which found that the Immigration Court's reliance on an unsubstantiated report from the State Department as a basis for denying an asylum application violated due process.

The court in Banat v. Holder held that "[r]eliance on reports of investigations that do not provide sufficient information about how the investigation was conducted are fundamentally unfair because, without that information, it is nearly impossible for the immigration court to assess the report's probative value and the asylum applicant is not allowed a meaningful opportunity to rebut the investigation's allegations." The Court went on to say that the report in this case was glaringly deficient in providing the most basic indicia of its circumstantial probability of reliability.

The Advocates for Human Rights welcomed the decision. "The Eighth Circuit's recognition that reliance on unsubstantiated reports violates due process guarantees for asylum seekers brings much-needed fairness to asylum proceedings," says Michele Garnett McKenzie, advocacy director of The Advocates for Human Rights.


Thank you for your interest in contacting us by email.

Please do not submit any confidential information to Maslon via email on this website. By communicating with us we are not establishing an attorney-client relationship, and information you submit will not be protected by the attorney-client privilege and cannot be treated as confidential. A client relationship will not be formed until we have entered into a formal agreement. You should also be aware that we may currently represent parties whose interests may be adverse to yours, and we reserve the right to continue to represent them notwithstanding any communication we receive from you.

If you would like to discuss possible representation, please call one of our attorneys directly or use our general line (p 612.672.8200). We can then fully discuss our intake procedures and, if appropriate, introduce you to an attorney suited to assist with your matter. Alternatively, you may send us an email containing a general inquiry subject to these terms.

If you accept the terms of this notice and would like to send an email, click on the "Accept" button below. Otherwise, please click "Decline."