Goromou v. Holder, Jr., No. 12-2525 (8th Cir. 2013)
Annotate this CasePetitioner, a native and citizen of Guinea, petitioned for review of the BIA's denial of his claim for asylum based on the untimeliness of his application. The court concluded that the BIA did not commit legal error because it did not require petitioner to show both "changed circumstances" and "extraordinary circumstances" to excuse his untimeliness. Instead, the BIA independently analyzed both exceptions and agreed with the IJ that petitioner met neither of them. Further, the issue of whether a "material" change in circumstances affected petitioner's eligibility for asylum was not a reviewable question of law. Accordingly, the court dismissed the petition because it lacked jurisdiction to review the BIA's determination that the application for asylum was untimely.
Court Description: Petition for Review - Immigration. The court lacks jurisdiction to review the BIA's determination that petitioner's asylum application was untimely. Judge Murphy, dissenting.
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