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United States Eighth Circuit


Toby v. Holder, 09-1513

In a petition for review of a Board of Immigration Appeals (BIA) decision affirming an immigration judge's (IJ) order of removal denying petitioner adjustment of status, waiver of inadmissibility, asylum, withholding of removal, and protection under the Convention Against Torture, the petition is denied where: 1) even if petitioner could prevail on her argument with respect to credibility, she failed to appeal independent alternative grounds for each form of relief she requested; and 2) the IJ weighed the equitable factors, none of which petitioner disputed, against her well-established ties to the U.S. and found they did not warrant a favorable exercise of discretion.

Appellate Information

  • Decided 08/27/2010
  • Published 08/27/2010

Judges

  • Kermit M. Bye

Court

  • United States Eighth Circuit

Counsel

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