Hernandez v. Holder, No. 08-2455

Petition for review of a decision of the Board of Immigration Appeals affirming a denial of a Guatemalan petitioner's application for asylum and related relief is granted in part and denied in part where: 1) substitution of the IJ who conducted the earlier proceedings because he was unavailable under the regulations covering assignment did not violate section 240.1(b), and petitioner's due process rights were not violated as he does not have due process right to a particular judge; 2) petitioner's speculative argument did not warrant a grant of asylum nunc pro tunc: 3) review is granted as to petitioner's other serious harm humanitarian asylum claim under 8 C.F.R. 1208.13(b)(1)(iii)(B) because the BIA improperly characterized the claim, and its explanation was so vague that the court cannot be sure as to the reason for the denial: and 4) the court lacks jurisdiction to review discretionary denial of motion for continuance and denial of motion for administrative closure.     

Read Hernandez v. Holder, No. 08-2455

Appellate Information

Submitted: March 10, 2009

Filed: September 1, 2009

Judges

Opinion by Shepherd, Circuit Judge