DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
082025P.pdf 06/26/2009 Spiro Lybesha v. Eric H. Holder, Jr.
U.S. Court of Appeals Case No: 08-2025
Board of Immigration Appeals
[PUBLISHED] [Murphy, Author, with Wollman and John R. Gibson,
Circuit Judges]
Petition for Review - immigration. Asylum claim is dismissed for lack of
jurisdiction because petitioners failed to request asylum within one year
and did not raise constitutional claim or question of law. Denial of
withholding of removal and CAT claims based on adverse credibility
determinations are supported in the record. Change in country conditions
provide alternative basis for denial of relief. Due process claim failed
because petitioners filed to show prejudice from admission of DHS
Forensic Document Laboratory report that petitioners could have refuted.