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United States Eighth Circuit


Lui v. Holder, 08-3651

In a petition for review of the BIA's order removing petitioners to Hong Kong, denying them relief from removal in the form of adjustment of status, and denying them the alternative relief of voluntary departure, the petition is denied where: 1) petitioners did not argue that they qualify for any exception to the exhaustion requirement as to their argument that the Immigration Judge improperly considered certain documents; and 2) although it was improper for the BIA to determine that petitioner had no qualifying relative, there was no reason to remand the matter because the improperly found fact was extraneous.

Appellate Information

  • Decided 04/06/2010
  • Published 04/06/2010

Judges

Court

  • United States Eighth Circuit

Counsel

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