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RAFFINGTON v. I.N.S.

No. 02-1773.

340 F.3d 720 (2003)

Sherneth Marcia RAFFINGTON, Petitioner, v. IMMIGRATION AND NATURALIZATION SERVICE, et al., Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: August 26, 2003.

Attorney(s) appearing for the Case

Herbert A. Igbanugo, argued, Minneapolis, MN, for appellant.

Laura L. Flippin, argued, Washington, DC (Andrew C. Maclachlan, on the brief), for appellee.

Before HANSEN, Chief Judge, JOHN R. GIBSON and LOKEN, Circuit Judges.

LOKEN, Chief Judge.

In September 2001, the Board of Immigration Appeals (BIA) denied Sherneth Raffington's application for suspension of deportation, concluding that she lacked the required seven years of continuous physical presence in the United States. Raffington did not appeal that decision. Instead, she moved to reopen the deportation proceedings to permit her to apply for asylum based on new evidence that she is a member of a social group that is persecuted...

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