United States Eighth Circuit

Under IIRIRA, the court lacks authority to reinstate an expired period of voluntary departure. Substantial evidence supports an IJ's adverse credibility finding, where: 1) there were conflicting accounts as to whether petitioner had been arrested in Syria; 2) he held the rank of sergeant in the Syrian military; 3) he entered and departed Syria multiple times, not seeking asylum in other countries that he visited; and 4) he did not apply for asylum for three years after entering the US.

Appellate Information

• Decided 12/29/2008
• Published 12/29/2008

Judges

• BENTON, Circuit Judge., Before WOLLMAN, BEAM, and BENTON, Circuit Judges.

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Elizabeth Holmes, Bloomington, MN, for petitioner.


• For Appellees:
  
• Andrew Oliveira, USDOJ, OIL, Washington, DC, for respondent.