United States Eighth Circuit

A petition for review from a denial of asylum for Georgian petitioners, who had been previously granted asylum, is granted where an IJ improperly reopened the removal proceedings and terminated their asylum based on earlier fraud, because the DHS failed to establish that the information submitted in support of its motion to reopen was not only material, but was also unavailable and undiscoverable prior to the conclusion of petitioners' removal proceedings.

Appellate Information

• Decided 02/12/2007
• Published 02/12/2007

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Herbert A. Igbanugo, argued, Minneapolis, MN (Katie A. DeGrio, on the brief), for petitioners.


• For Appellees:
  
• Francis W. Fraser, argued, Washington, DC (Peter D. Keisler and Donald E. Kenner, on the brief), for respondent.