United States Eighth Circuit

Petition for review of a denial of an application for asylum is granted where: 1) the government, which had reopened the proceedings of petitioner who was previously granted asylum, was not forced to prove a ground for terminating asylum, but instead petitioner was forced to prove her asylum eligibility once again; and 2) the failure to apply the proper burden of proof in her reopened proceeding was not harmless.

Appellate Information

• Decided 01/30/2007
• Published 01/30/2007

Judges

• MELLOY, Circuit Judge., Before MELLOY, BENTON, and SHEPHERD, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Paschal O. Nwokocha, argued, St. Paul, MN, for Petitioner.


• For Appellees:
  
• Jesse M. Bless, argued, Office of Immigration, Washington, DC (James E. Lackner, Asst. U.S. Atty., Minneapolis, MN, on the brief), for Respondent.