Ngure v. Ashcroft
United States Court of Appeals for the Eighth Circuit
367 F.3d 975 (2004)
- Written by Jack Newell, JD
Facts
Joseph Ngure (plaintiff) was a Kenyan college student studying in America. He overstayed his visa and was ordered to appear before the Immigration and Naturalization Services (INS) for removal proceedings. Ngure claimed that he had been involved in several political protests and riots in Kenya. This resulted in Ngure’s being detained, beaten, and otherwise subjected to abuses by the Kenyan government. An immigration judge heard his case and rejected his asylum claim on the ground that Ngure did not have a legitimate fear of persecution based on his political, religious, or tribal affiliation. After the rejection, Ngure appealed his case to the Board of Immigration Appeals (BIA), a body within the Department of Justice (defendant). The BIA issued an affirmance without opinion (AWO), a decision in which the opinion of the immigration judge was upheld but for which the BIA did not write an actual opinion. The INS also claimed that Ngure could not appeal the BIA ruling because agency regulations barred courts from reviewing the BIA action. The case was appealed to the Eighth Circuit.
Rule of Law
Issue
Holding and Reasoning (Colloton, J.)
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