Eighth Circuit

POST CON RELIEF - VACATUR MUST BE PRESENTED TO IMMIGRATION COURT TO BE CONSIDERED ON PETITION FOR REVIEW
Lukowski v. INS, 279 F.3d 644 (8th Cir. 2002), citing 8 U.S.C. 1252(b)(4)(A); Ramirez-Alejandre v. Ashcroft, 319 F.3d 365 (9th Cir. 2003) (en banc) (holding BIA violated noncitizen's right to due process, in appeal of decision granting suspension of deportation, when BIA stated it was entirely precluded from considering new evidence bearing on hardship including evidence that, in the eight years intervening between immigration judge's decision and proceedings before BIA, noncitizen's daughter had been diagnosed with serious medical condition for which treatment was likely unavailable if noncitizen was deported).