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GAITAN v. HOLDER

No. 10-1724.

683 F.3d 951 (2012)

Oscar Alexander Granados GAITAN, Petitioner v. Eric H. HOLDER, Jr., Attorney General of the United States, Respondent.

United States Court of Appeals, Eighth Circuit.

June 7, 2012.

Attorney(s) appearing for the Case

Lori Ann Alvino McGill , Katherine Twomey , Latham & Watkins, Washington, DC, Benjamin Richard Casper , Law Office of Benjamin Casper, West St. Paul, MN, Rebecca Noreen Desnoyers , David L. Wilson , Wilson Law Group, Minneapolis, MN, for Petitioner.

Scott Baniecke , U.S. Immigration & Naturalization Service, Bloomington, MN, Karen Yolanda Drummond , Richard M. Evans , Assistant Director, Carol Federighi , Senior Litigation Counsel, James Arthur Hunolt , Senior Litigation Counsel, Christina Bechak Parascandola , Trial Attorney, U.S. Department of Justice, Washington, DC, for Respondent.

The petition for rehearing en banc is denied. The petition for panel rehearing is also denied.

Judges Murphy, Bye and Melloy would grant the petition for rehearing en banc.

COLLOTON, Circuit Judge, concurring in denial of rehearing en banc.

I believe the panel opinion and dissent, Gaitan v. Holder, 671 F.3d 678 (8th Cir. 2012), erred in refusing to decide whether the Board of Immigration Appeals in

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