United States Eighth Circuit

A petition for review of denial of Burma native's application for asylum and related relief is granted where: 1) there was no jurisdiction to review a determination that the asylum application was untimely; but 2) denial of withholding and Convention Against Torture claims for relief was error as improper and prejudicial exclusion of evidence coupled with unreliable translation denied petitioner a fair hearing in violation of his due process rights under the Fifth Amendment.

Appellate Information

• Decided 05/21/2007
• Published 05/21/2007

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Rachel E. Groneck, argued, St. Louis, MO, for petitioner.


• For Appellees:
  
• August E. Flentje, argued, Washington, DC (Peter D. Keisler and Leonard Schaitman, on the brief), for respondent.