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Immigration Law Decision in Azie v. Holder

By FindLaw Staff on April 21, 2010 | Last updated on March 21, 2019

Azie v. Holder, No. 09-1346, concerned a petition for review of the denial of petitioner's application for asylum, withholding of removal, and Convention Against Torture (CAT) protection.  The Eighth Circuit denied the petition, holding that 1) petitioner, through counsel, had ample opportunity at her hearing to raise her lack of comprehension or inability to coherently respond, but did not; and 2) the record reflected that the Immigration Judge's credibility finding was supported by specific, cogent reasons.

As the court wrote:  "The Department of Homeland Security issued Judith Azie a notice to appear charging her with being subject to removal pursuant to § 237(a)(1)(B) of the Immigration and Nationality Act (INA); 8 U.S.C. § 1227(a)(1)(B) (remaining without authorization). Azie admitted the allegations and charges in the notice to appear. Subsequently, Azie applied for asylum, withholding of removal, and Convention Against Torture (CAT) protection. The Immigration Judge (IJ) issued a decision finding Azie removable as charged and denying her requests for relief. The Board of Immigration Appeals (BIA) affirmed the IJ's judgment and Azie now petitions this court for review. We deny the petition."

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