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HERNANDEZ-BARRERA v. ASHCROFT

No. 02-2513.

373 F.3d 9 (2004)

Fidel Angel HERNANDEZ-BARRERA, Petitioner, v. John ASHCROFT, Attorney General, Respondent.

United States Court of Appeals, First Circuit.

Decided June 9, 2004.

Attorney(s) appearing for the Case

Nancy J. Kelly, with whom John Willshire and Harvard Immigration and Refugee Clinic of Greater Boston Legal Services, were on brief for petitioner.

Brenda M. O'Malley, Trial Attorney, Office of Immigration Litigation, with whom Peter D. Keisler, Assistant Attorney General, and Linda S. Wernery, Senior Litigation Counsel, Office of Immigration Litigation, were on brief for respondent.

Before LIPEZ, Circuit Judge, CAMPBELL and STAHL, Senior Circuit Judges.

LIPEZ, Circuit Judge.

Fidel Angel Hernandez-Barrera petitions for relief from a decision by the Board of Immigration Appeals (BIA or the Board), denying his claims for asylum, withholding of deportation, and relief under the United Nations Convention Against Torture (CAT)1. The Attorney General asserts that jurisdiction over this appeal is barred by Section 309(c)(4)(G) of the Illegal Immigration Reform and Immigrant Responsibility Act...

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