Lutaaya v. Mukasey (7/28/08)

 LYNCH, Toruruella, Boudin

The First Circuit held that it lacked jurisdiction to review Ms. Lutaaya’s denial of asylum as the Court held there was no due process violation in the IJ and BIA finding that her asylum application was untimely and was unexcused by circumstances.  The Court further held that the IJ and BIA properly denied Ms. Lutaaya’s withholding claim due to material discrepancies between documents she provide to the Court and her statements to the immigration court and those she previously made to the asylum officer.  Included in the list of discrepancies outlined by the Court was that “Lutaaya had also reportedly told the asylum officer that five soldiers, not four, were involved in the attack and rape.”  The Court also found that it lacked jurisdiction to review Ms. Lutaaya’s CAT claim as this 9sue was not raised before the BIA

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Copyright (C) 2007 Alain Georgette / Copyright (C) 2006 Frantisek Hliva. All rights reserved.