DISCLAIMER: Any unofficial case summaries below are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
024124P.pdf 12/02/2004 Mareko Molathwa v. John Ashcroft
U.S. Court of Appeals Case No: 02-4124
Agency
Petition for Review - Immigration. Substantial evidence supported the
BIA's determination that petitioner presented insufficient evidence to
show he was subjected to harassment or mistreatment by the Botswana
government or the general public as a result of his sexual orientation, and
nothing in the record suggests he will be the target of persecution if he is
removed to Botswana.
[PUBLISHED] [Riley, Author, with M. Arnold and Bowman, Circuit Judges]
024124P.pdf 07/08/2004 Mareko Molathwa v. John Ashcroft
U.S. Court of Appeals Case No: 02-4124
Agency
Petition for Review - Immigration. Motion for stay of voluntary
departure must be denied; because the petitioners' voluntary-departure
period has expired and they did not move for stays before the expiration
of the period, granting a stay would have the effect of extending the
voluntary departure period, and under 8 C.F.R. 1240.26(f), the power to
grant extensions is limited to specific executive branch officers; the
petitioners' reliance on Safaie v. INS, 25 F.3d 636 (8th Cir. 1994) is
misplaced, because the statute that case interprets is no longer in effect.
[PUBLISHED] [Riley, Author, with Melloy and Colloton, Circuit Judges]