# Sejid Smriko v. John Ashcroft, Attorney General of the United States

> Court of Appeals for the Third Circuit · October 26, 2004 · 387 F.3d 279

URL: https://www.frixlaw.com/law-library/cases/9497470

## Case

- **Full name:** Sejid SMRIKO Petitioner v. John ASHCROFT, Attorney General of the United States Respondent
- **Court:** Court of Appeals for the Third Circuit
- **Decided:** October 26, 2004
- **Citations:** 387 F.3d 279; 2004 U.S. App. LEXIS 22263; 2004 WL 2381946
- **Precedential status:** Published
- **Opinion:** Concurrence by Lay
- **Judges:** Rendell, Stapleton, Lay
- **Cited by:** 136 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9497470

## How later opinions describe it (automated extraction)

- holding that they may review the Board’s decision to summarily affirm, and collecting cases holding the same from the First, Ninth, and Tenth Circuits
- recognizing that other courts have found that in some cases it makes no practical difference whether the BIA improperly streamlined its review
- holding that the BIA’s summary affirmance without opinion was erroneous where a novel issue of statutory construction was presented
- stating that improper application of streamlining provisions may not warrant remand when case may be resolved on other grounds

## Opinion text

LAY, Circuit Judge,
concurring.
I fully concur in Judge Stapleton’s well-reasoned opinion. I write separately to point out that I have participated in two Eighth Circuit cases, i.e., Wolde v. Ashcroft, 107 Fed.Appx. 13 (8th Cir.2004) (non-published), and Loulou v. Ashcroft, 354 F.3d 706 (8th Cir.2003), in accord with the reasoning of Ngure v. Ashcroft, 367 F.3d 975 (8th Cir.2004). In Ngure , the Eighth Circuit has stated that the Board of Immigration Appeals’ decision to issue an affirmance without opinion was not subject to judicial review. I believe that the analysis by Judge Stapleton in the instant case is the correct analysis and I write solely to explain my reason for joining his opinion rather than adhering to the opinion in Ngure .

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9497470. Public record. Not legal advice.