S-CHENG v. ASHCROFT

No. 03-3232.

380 F.3d 320 (2004)

Jin Zhu S-CHENG, Petitioner, v. John ASHCROFT, Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 12, 2004.


Attorney(s) appearing for the Case

Gregory Scott Bachmeier, Minneapolis, MN, argued, for petitioner.

Jennifer Paisner, argued, Washington, DC (Thankful T. Vanderstar, on the brief), for respondent.

Before LOKEN, Chief Judge, BYE and MELLOY, Circuit Judges.


BYE, Circuit Judge.

Jin Zhu S-Cheng, a citizen of the People's Republic of China, petitions for review of the Board of Immigration Appeals' (BIA's) order affirming an Immigration Judge's (IJ's) denial of her application for asylum and withholding of removal. We conclude this court lacks jurisdiction to review the agency's determination to initiate removal proceedings rather than exclusion proceedings. As to those claims over which we have jurisdiction, we find substantial...

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