TUN v. GONZALES

No. 06-1477.

485 F.3d 1014 (2007)

Naing TUN, Petitioner, v. Alberto GONZALES, Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: May 21, 2007.


Attorney(s) appearing for the Case

Rachel E. Groneck, argued, St. Louis, MO, for petitioner.

August E. Flentje, argued, Washington, DC (Peter D. Keisler and Leonard Schaitman, on the brief), for respondent.

Before MELLOY, BENTON, and SHEPHERD, Circuit Judges.


MELLOY, Circuit Judge.

Naing Tun ("Petitioner") conceded removability and sought asylum, withholding of removal, relief under the Convention Against Torture ("CAT"), and voluntary departure. An Immigration Judge ("IJ") denied all forms of relief, and the Board of Immigration Appeals ("Board") affirmed. Petitioner now seeks review of the Board's order.

The Board determined that asylum relief was unavailable because Petitioner failed to file his asylum application...

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