United States Eighth Circuit

Petition for review of a denial of Chinese national's application for asylum, withholding of removal, and protection under the Convention Against Torture is affirmed where: 1) IJ and BIA correctly determined that petitioner's conviction qualified as an aggravated felony because loss to the victims exceeded $10,000 and he was thus removable as an aggravated felon and statutorily ineligible for asylum; and 2) the IJ and BIA applied the correct legal standard in determining that petitioner's conviction qualifies as a particularly serious crime.

Appellate Information

• Decided 08/19/2009
• Published 08/19/2009

Judges

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

Court

• United States Eighth Circuit

Counsel

• For Appellant:
  
• Robert Bradford Jobe, argued, Sara E. Coppin, on the brief, San Francisco, CA, for petitioner.


• For Appellees:
  
• Christina Bechak Parascandola, argued, Office of Immigration Litigation, Michael F. Hertz, Acting Assistant Attorney General, Richard M. Evans, Assistant Direction, on the brief, Washington, DC, for respondent.