United States Eighth Circuit

Petition for review of BIA's denial of an Afghanistan citizen's motion to reopen his immigration proceedings is denied over: 1) a due process claim that the BIA failed to properly consider submitted country reports and an affidavit; and 2) arguments that the BIA used the incorrect standard for acquiescence. Remainder of plaintiff's petition is dismissed for lack of subject matter jurisdiction.

Appellate Information

• Decided 03/14/2008
• Published 03/14/2008

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Herbert Igbanugo, argued, Minneapolis, MN (Dyan Williams, Minneapolis, on the brief), for petitioner.


• For Appellees:
  
• Dalin Riley Holyoak, USDOJ, OIL, argued, Carl H. McIntyre, Jr., USDOJ, OIL, on the brief, Washington, D.C., for respondent.