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Appellate Law

: Appellate Law and Practice

CA1: Summary affirmance issue shelved

By S. COTUS

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Loyo-Arevalo v. Mukasey, No. 07-2054 (unpublished) denies the petition for review of a Guatemalan. The First says that it ?carefully? considered it. He claims that his political affiliations subjected him to some harassment. The agency says that he failed to provide corroborating evidence and wasn?t credible because of some inconsistences. He also argues that the BIA?s summary affirmance procedure was violated because the underlying decision was incorrect and the errors were not harmless. The First says that the there were no errors, and therefore, the question of whether it has jurisdiction to review the use of the procedure is moot.

Full post as published by Appellate Law and Practice on July 02, 2008 (boomark / email).

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