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August 13, 2008

CA1: Brazilian not oppressed by ANY government

Lordes v. Mukasey, No. 07-1968 denies a petition for review of a Brazilian.  Okay, how are Brazilians oppressed?  All they do is Samba and get plastic surgery.  He was a member of a union.  The First rejects the idea that the “jurisdictional bar” over review of late filed petitions violates due process under Hana v. Gonzales, 503 F.3d 39, 43 (1st Cir. 2007) (our coverage here).  But, let’s look at what Hana says:

While we have not previously addressed the question whether the jurisdictional bar of 8 U.S.C. § 1158(a)(3) represents a due process violation, we have held that removal of judicial review in the immigration context does not raise constitutional issues when some avenue for judicial relief remains available to address core legal and constitutional concerns. ...We have also held that the one-year deadline for submission of asylum applications does not violate aliens' due process rights. ...

That’s some constitutional analysis there. 

Anyway, the BIA and the IJ all said that whatever violence he experienced was random, and whatever the case, there is no evidence or assertions that the Brazilian government was involved.

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