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ORTIZ-ALFARO v. HOLDER

No. 10-73057.

694 F.3d 955 (2012)

Alejandro ORTIZ-ALFARO, Petitioner, v. Eric H. HOLDER Jr., Attorney General, Respondent.

United States Court of Appeals, Ninth Circuit.

Filed August 27, 2012.

Attorney(s) appearing for the Case

Stephen William Manning , Immigrant Law Group PC, Portland, OR, for the petitioner.

Monica Antoun ; Jennifer A. Singer , Department of Justice, Washington, D.C., for the respondent.

Before: BARRY G. SILVERMAN and MARY H. MURGUIA, Circuit Judges, and LESLIE E. KOBAYASHI, District Judge.

OPINION

MURGUIA, Circuit Judge:

Petitioner Alejandro Ortiz-Alfaro ("Ortiz") seeks review of 8 C.F.R. § 208.31, arguing the regulation is unlawful because it precludes him from applying for asylum. The Government asks us to dismiss for lack of jurisdiction because the Department of Homeland Security ("DHS") is still considering whether Ortiz has a reasonable fear of persecution, which may permit Ortiz to apply for withholding of removal. We dismiss Ortiz...

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