The Eighth Circuit denied the petition for review, holding that the Guatemalan petitioner had not demonstrated that the record compelled the finding that his subjective fear of persecution was objectively reasonable. The court thus found that substantial evidence supported the IJ’s and BIA’s determination that he failed to establish eligibility for asylum.
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The Eighth Circuit denied the petition for review, holding that the Guatemalan petitioner had not demonstrated that the record compelled the finding that his subjective fear of persecution was objectively reasonable. The court thus found that substantial evidence supported the IJ’s and BIA’s determination that he failed to establish eligibility for asylum.
How to apply for political asylum
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Holding that it may only review the denial of a statutory motion to reopen under INA §240(c)(7), the Eighth Circuit found that it lacked jurisdiction to review the denial of the petitioner’s motion to reopen, because the motion requested that the Board of Immigration Appeals reopen the removal proceedings pursuant to its sua sponte discretion under 8 CFR §1003.2(a).
Filed under: Immigration Attorney | Tagged: 8th circuit, motion to reopen, MTR, sua sponte | Leave a comment »
Immigration Lawyer
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