Burka v. Sessions, No. 17-2208 (8th Cir. 2018)Annotate this Case
The Eighth Circuit dismissed a petition for review challenging the denial of her application for asylum as untimely. The court held that it lacked jurisdiction to review the BIA's determination that petitioner did not establish an excuse for her late filing based on changed circumstances. In this case, the IJ was making a case-specific materiality determination, not announcing a per se rule. Neither the IJ nor the BIA engaged in an analysis of the statute or otherwise elaborated on the meaning of "changed circumstances," which foreclosed the possibility that this case presented a question of statutory interpretation for the court to review.
Court Description: Stras, Author, with Arnold and Kelly, Circuit Judges] Petition for Review - Immigration. The court lacks jurisdiction to review the BIA's determination that petitioner did not establish an excuse for the late filing of her application for asylum based on changed circumstances. Judge Kelly, dissenting.