Njie v. Lynch, No. 14-2858 (8th Cir. 2015)
Annotate this CasePetitioners, natives and citizens of Gambia, petitioned for review of the BIA's orders affirming the IJ's denial of their applications for waiver of inadmissibility and denying their motions to remand. The court concluded that it does not have jurisdiction to review the discretionary denial of waiver of inadmissibility and dismissed as to this issue. The court concluded that, because petitioners engaged in an extensive fraudulent scheme, the BIA did not abuse its discretion in determining that the evidence they presented was not credible and thus did not establish a prima facie case of eligibility for asylum. Further, the BIA did not abuse its discretion in determining that the information contained in the letters at issue was not previously unavailable. Accordingly, the court denied the petitions.
Court Description: Wollman Author, with Colloton and Kelly, Circuit Judges] Petition for Review - Immigration. The portion of petitioners' petition for review seeking review of the BIA's discretionary decision to deny their applications for waiver of inadmissibility is dismissed for lack of jurisdiction; the BIA did not abuse its discretion by denying petitioners' motions to remand based on its determinations that the evidence they submitted to support their claim of fear of future persecution was not previously unavailable, was not credible and was insufficient in any event to establish prima facie eligibility for asylum.
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