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HERNANDEZ v. HOLDER

No. 08-2455.

579 F.3d 864 (2009)

Rolando HERNANDEZ, Petitioner, v. Eric H. HOLDER, Jr., Attorney General of the United States of America, Respondent.

United States Court of Appeals, Eighth Circuit.

Filed: September 1, 2009.

Attorney(s) appearing for the Case

Benjamin R. Casper, argued, West St. Paul, MN, for petitioner.

Anthony C. Payne, argued, Jennifer P. Williams, on the brief, Washington, D.C., for respondent.

Before MURPHY, MELLOY, and SHEPHERD, Circuit Judges.

SHEPHERD, Circuit Judge.

Rolando Hernandez, a native and citizen of Guatemala, petitions for review of a decision of the Board of Immigration Appeals (BIA), denying his application for asylum, withholding of removal, protection under the Convention Against Torture (CAT), and asylum on humanitarian grounds ("humanitarian asylum"), as well as his request to administratively close or continue his case. We deny the petition in part, grant the petition in part, and remand...

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