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CASTRO-PU v. MUKASEY

No. 07-2126.

540 F.3d 864 (2008)

Roberto Basilo CASTRO-PU, Petitioner, v. Michael B. MUKASEY, Attorney General of the United States of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: August 28, 2008.

Attorney(s) appearing for the Case

Timothy E. Wichmer, argued, St. Louis, MO, for petitioner.

Daniel Shieh, Office of Immigration Litigation, U.S.D.O.J., argued, Washington, DC (Francis W. Fraser, on the brief), for respondent.

Before LOKEN, Chief Judge, JOHN R. GIBSON and MELLOY, Circuit Judges.

LOKEN, Chief Judge.

Roberto Basilo Castro-Pu, a native and citizen of Guatemala, entered the United States in June 1991 without inspection. Deportation proceedings commenced two days later. He conceded deportability and timely applied for asylum, withholding of deportation (now removal), and relief under the Convention Against Torture (CAT), claiming a well-founded fear of persecution by the Guatemalan army and government if repatriated due to his ethnicity and political...

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