United States Eighth Circuit

Where the BIA properly applies its own waiver rule and refuses to consider the merits of an argument that was not raised in an initial hearing, the circuit court will not allow circumvention of such discretionary agency procedures by addressing the argument for the first time in a petition for judicial review.

Appellate Information

• Decided 03/05/2008
• Published 03/05/2008

Judges

• HANSEN, Circuit Judge., Before MURPHY, HANSEN, and GRUENDER, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Richard L. Breitman, argued, Bloomington, MN, for petitioner.


• For Appellees:
  
• Stuart S. Nickum, U.S. Dept. of Justice, argued, Washington, DC, for respondent.