ZELAYA v. HOLDER

No. 10-2401.

668 F.3d 159 (2012)

Denis Javier ZELAYA, Petitioner, v. Eric H. HOLDER, Jr., Attorney General, Respondent.

United States Court of Appeals, Fourth Circuit.

Decided: January 11, 2012.


Attorney(s) appearing for the Case

ARGUED: Bryan Myerson Ward , Sutherland Asbill & Brennan, LLP, Atlanta, Georgia, for Petitioner. Kerry Ann Monaco , United States Department of Justice, Washington, D.C., for Respondent. ON BRIEF: Amelia T. Rudolph , Roshal L. Erskine , Sutherland Asbill & Brennan, LLP, Atlanta, Georgia, for Petitioner. Tony West , Assistant Attorney General, Civil Division, Linda S. Wernery , Assistant Director, Office of Immigration Litigation, United States Department of Justice, Washington, D.C., for Respondent.

Petition for review denied in part, granted in part; vacated in part and remanded by published opinion. Senior Judge HAMILTON wrote the opinion, in which Judge DAVIS and Judge FLOYD joined. Judge FLOYD wrote a separate concurring opinion in which Judge DAVIS joined.


OPINION

HAMILTON, Senior Circuit Judge:

Denis Javier Zelaya (Zelaya), a native and citizen of Honduras, petitions for review of the final order of the Board of Immigration Appeals (the BIA) affirming the denial of his claims for asylum, withholding of removal, and protection under the United Nations Convention Against Torture and Other Cruel, Inhuman, or Degrading Punishment (the CAT or CAT). We deny Zelaya's petition for review with respect to his asylum...

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