United States Eighth Circuit

Petition for for review of an order denying asylum, withholding of removal and protection under the Convention against Torture is denied where: 1) plaintiff's asylum claim is dismissed for lack of jurisdiction as plaintiff failed to request asylum within one year and did not raise constitutional claim or question of law; 2) the Board of Immigration Appeals properly denied withholding of removal and CAT claims as substantial evidence in the record supports the adverse credibility determinations and plaintiffs were also unable to meet the required burden of establishing a well founded fear of persecution; and 3) plaintiff's due process claim fails as plaintiff failed to refute or show prejudice from the admission of DHS Forensic Document Laboratory report.

Appellate Information

• Decided 06/26/2009
• Published 06/26/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Barbara D. Bleish, argued, St. Louis, MO, for Petitioner.


• For Appellees:
  
• Edward John Duffy, argued, USDOJ, OIL, Washington, DC, for Respondent.