Barite Koshe Burka v. Jefferson B. Sessions, III

I respectfully dissent because I believe the court makes a factual finding that the agency never made. I agree that any change in an asylum-seeker's circumstances must be material, see 8 U.S.C. § 1158 (a)(2)(D), and that we lack jurisdiction to review the agency's materiality findings. See Cambara-Cambara v. Lynch , 837 F.3d 822 , 825 (8th Cir. 2016). But, I do not think the immigration judge made a finding as to whether the change in Burka's circumstances was material. Rather, quoting the immigration judge: "[Burka] did not have new fears that might constitute a change in circumstances, but…