The 8th Cir overturned its previous case law in Recio-Prado v. Gonzales, 456 F.3d 819, 821-22 (8th Cir. 2006), and Ghasemimehr v. Gonzales, 427 F.3d 1160, 1162 (8th Cir. 2005), which permitted judicial review over sua sponte reopening denials - in line with 10 circuits which had held to the contrary. However, it also found that 1252(a)(2)(B)(ii) only strips jurisdiction to the extent specified in statute - which may overturn its decision in Onyinkwa v. Ashcroft, 376 F.3d 797, 799 (8th Cir. 2004) (no jurisdiction over continuances).
Carmenatte-Lopez v. Mukasey, (8th Cir. 03/03/2008)
WOLLMAN, Gibson, Benton
The 8th Cir. found that fears of witness of politically-motivated crime doesn't qualify for asylum, because persecution not on account of imputed political opinion.
Where fraudulent VWP entrant from Algeria sought asylum and AOS, the 8th Cir held that (a) it did not have jurisdiction to address IJ's one-year filing ruling, though it was premised on doubts re allegation of VWP entry that formed basis of VWP removal order, (b) that Petitioner nearly failed to exhaust at Board by failing to specifically address withholding as well as asylum, (c) that substantive evidence supported adverse credibility finding, (d) that fact that VWP entry was fraudulent did not avoid bars to VWP adjustment, and (e) that IJ lacked jurisdiction over AOS for VWP entrant, even if VWP entrant wasn't barred from seekng AOS.
The 8th Cir. held that it had jurisdiction to consider whether introduction of hearsay police report to determine that prior offense was a "particularly serious crime" (PSC) was an error of law. Found no fundamental unfairness, given earlier guilty plea. Upheld CAT denial for applicant fearing persecution by Salvadoran gang, because Salvadoran govt does not acquiesce in such torture.
Eighth Circuit 
