United States Eighth Circuit

Algerian citizen's petitions for review of a denial of an application for asylum and related relief, as well as a motion to reconsider or reopen the decision, are denied where: 1) the court lacked jurisdiction to review an asylum claim; 2) on withholding and CAT claims, an adverse credibility finding had to be upheld as petitioner's testimony and limited supporting evidence were not so overwhelming as to compel any reasonable adjudicator to find that testimony credible; and 3) there was no abuse of discretion in denying the motion to reopen, as an IJ lacked jurisdiction to consider an adjustment of status application in this asylum-only proceeding.

Appellate Information

• Decided 02/19/2008
• Published 02/19/2008

Judges

• LOKEN, Chief Judge., Before LOKEN, Chief Judge, GRUENDER and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Benjamin R. Casper, argued, West St. Paul, MN, for appellant.


• For Appellees:
  
• Andrew J. Oliveira, argued, U.S. Dept. of Justice, Office of Immigration Litigation, Washington, DC, for appellee.