United States Eighth Circuit

Petition for review of a decision denying Chinese citizen asylum and related relief, involving China's one-child policy and his ex-wife's sterilization, is denied where: 1) the court lacked jurisdiction to address a due process claim; 2) the immigration judge's credibility findings were supported by reasonable, substantial, and probative evidence; 3) petitioner did not prove ex-wife's sterilization was forced, for asylum purposes; and 4) withholding and Convention Against Torture claims also failed.

Appellate Information

• Decided 12/22/2006
• Published 12/22/2006

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Elizabeth A. Holmes, Marc Prokosch, Karam & Associates, argued, Bloomington, MN, for Petitioner.


• For Appellees:
  
• Joan Decoursin Humes, U.S. Attorney's Office, Minneapolis, MN, Scott Baniecke, U.S. Immigration & Naturalization Service, Bloomington, MN, Richard M. Evans, Thomas W. Hussey, Patricia A. Smith, Karen Drummond, U.S. Department of Justice, Office of Immigration Litigation, P. Michael Truman, U.S. Department of Justice Civil Division, OIL, Washington, DC, Lori Scialabba, U.S. Department of Justice, Executive Office for Immigration Review, Falls Church, VA, argued, for Respondent.