United States Eighth Circuit

Petition for review of denial of relief under the Convention Against Torture is denied is denied where: 1) petitioner's as-applied constitutional challenge to the REAL ID Act is rejected; 2) lack of a competency hearing was not an abuse of discretion and did not violate his right to procedural due process; 3) he failed to establish prejudice from any possible due process violation; 4) the IJ did not err in failing to make explicit credibility findings as to certain witnesses; and 5) petitioner failed to establish a likelihood of torture upon removal.

Appellate Information

• Decided 11/27/2006
• Published 11/27/2006

Judges

• BENTON, Circuit Judge., Before WOLLMAN, BOWMAN, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Michael H. Davis, Michael H. Davis Law Office, Minneapolis, MN, Thomas Hutchins, Immigrant & Refugee Appellate Center, Alexandria, VA, William Schurtman, New York, NY, for Petitioner.


• For Appellees:
  
• Mary Jo Madigan, U.S. Attorney's Office, Minneapolis, MN, Thomas R. Ragatz, Attorney General's Office, Appeals Division, St. Paul, MN, Scott Baniecke, U.S. Immigration & Naturalization Service, Bloomington, MN, Richard M. Evans, Thomas W. Hussey, David J. Kline, Papu Sandhu, Karen Drummond, U.S. Department of Justice, Office of Immigration, Washington, DC, Lori Scialabba, U.S. Department of Justice, Executive Office for Immigration Review, Falls Church, VA, for Respondent.