United States Eighth Circuit

The Illegal Immigration Reform and Immigrant Responsibility Act, section 309(c)(4)(B), is a jurisdictional bar which precludes the court of appeal from considering non-record material submitted for the first time in petition for review. Denial of plaintiff's petition for review is affirmed where she was aware of her HIV/AIDS condition but did not inform the Immigration Judge before the final hearing on her asylum petition.

Appellate Information

• Decided 08/02/2004
• Published 08/02/2004

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Elizabeth A. Holmes, argued, Bloomington, Minnesota, for petitioner.


• For Appellees:
  
• Thomas B. Fatouros, argued, Washington, D.C (Timothy P. McIlmail, Washington, D.C. on the brief), for respondent.