United States Eighth Circuit

A petition for review of a denial of a motion to reconsider arising from a denial of an application for asylum and related relief is affirmed over claims that: 1) the fact that his wife had a stillborn son constituted exceptional circumstances for a failure to depart voluntarily; and 2) his counsel's failure to file the motion to reopen prior to the expiration of the voluntary departure period amounts to ineffective assistance in violation of due process.

Appellate Information

• Decided 05/02/2007
• Published 05/02/2007

Judges

• MURPHY, Circuit Judge., Before WOLLMAN, JOHN R. GIBSON, and MURPHY, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Roger R. Rathi, Southfield, MI, for Petitioner.


• For Appellees:
  
• Richard M. Evans, Cindy S. Ferrier, Nancy E. Friedman, P. Michael Truman, U.S. Department of Justice, Office of Immigration Litigation, Washington, DC, for Respondent.