Hernandez v. Holder

SHEPHERD, Circuit Judge.

We issued a panel opinion in this matter on September 1, 2009. See Hernandez v. Holder, 579 F.3d 864 (8th Cir.2009). 1 Rolando Hernandez filed for panel rehearing on the limited issue set forth in Part II.D of that opinion — whether we lack jurisdie tion to review his challenge to the denial of his request for continuance — in light of a subsequent decision by the Supreme Court, Kucana v. Holder, — U.S. -, 130 S.Ct. 827, — L.Ed.2d - (2010). The government has conceded that rehearing is appropriate. For the reasons set forth below, we grant the petition for rehearing…