David Wachira Ngarurih v. John D. Ashcroft, Attorney General of the United States

Judge GREGORY wrote an opinion concurring in part and dissenting in part.

OPINION

SHEDD, Circuit Judge:

The Board of Immigration Appeals (“BIA”) affirmed an order denying David Wachira Ngarurih’s request for asylum but granting voluntary departure. Within the time permitted for appeal and shortly before the period for voluntary departure expired, Ngarurih filed this petition for review. Applying the narrow standards of review prescribed by Congress in the immigration statute, we conclude that the BIA’s denial of asylum is neither manifestly contrary to law nor an abuse of discretion. We further…