United States Eighth Circuit

Decision whether to apply streamlined review procedures is committed to agency discretion by law and is not reviewable by the court of appeals; court lacked jurisdiction to review IJ's decision that application for asylum was untimely; IJ did not err in finding petitioner had failed to establish past persecution in his native Kenya and that he did not have a well-founded fear of future persecution.

Appellate Information

• Decided 05/17/2004
• Published 05/17/2004

Judges

• COLLOTON, Circuit Judge., Before MELLOY, BEAM, and COLLOTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Counsel who presented argument on behalf of the petitioner was Timothy E. Wichmer of St. Louis, MO.


• For Appellees:
  
• Counsel who presented argument on behalf of the respondent was Jennifer Paisner, USDOJ, Office of Immigration Litigation, Washington, DC. Michael T. Dougherty of the Office of Immigration Litigation submitted respondent's brief.