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HERNANDEZ v. RENO

No. 00-3721.

258 F.3d 806 (2001)

Rolando HERNANDEZ, Petitioner, v. Janet RENO, Attorney General, U.S. Department of Justice; Doris Meissner, Commissioner, U.S. Immigration and Naturalization Service; Curtis Aljets, District Director, St. Paul, Minnesota District, U.S. Immigration and Naturalization Service, Respondents.

United States Court of Appeals, Eighth Circuit.

Filed: August 15, 2001.

Attorney(s) appearing for the Case

Benjamin Casper, West St. Paul, Minnesota, argued, for appellant.

Anh-Thu P. Mai, argued (Julia K. Doig, on the brief), for appellee.

Before MURPHY, HEANEY, and BEAM, Circuit Judges.

MURPHY, Circuit Judge.

Petitioner Rolando Hernandez entered the United States without inspection in 1992 after fleeing Guatemala to escape from the Organization for People in Arms (ORPA), which had impressed him into its service. The Immigration and Naturalization Service (INS) initiated deportation proceedings against him in 1993. Hernandez conceded deportability, but requested asylum and withholding of deportation. He was given an individual merits hearing before...

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