Wanyama, et al v. Holder, Jr., No. 12-1104 (8th Cir. 2012)
Annotate this CasePetitioner, his wife, and his children petitioned for review of an order of the BIA affirming the IJ's denial of their application for asylum and rejecting their due process claim. The court affirmed the denial of the petition for asylum where the court could not say that no reasonable factfinder could fail to find the requisite fear of persecution if petitioner and his family were to return to Kenya. The court also denied the due process claim where petitioner had no protected interest at stake and, in any event, petitioner has not shown that he suffered the kind of fundamental error required to support a due process challenge.
Court Description: Petition for Review - Immigration. Petitioner failed to establish a well- founded fear of future persecution on political grounds if he returned to Kenya, and the denial of asylum is affirmed; petitioner had no protected liberty or property interest at stake, and his due process claim fails; in any event the IJ's decision to receive new evidence on improved country conditions fell within her broad discretion to admit and consider probative evidence and was not a fundamental procedural error.
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