Garcia-Garcia v. Sessions, No. 15-2571 (1st Cir. 2017)Annotate this Case
The Court of Appeals for the First Circuit held that aliens who are subject to reinstated orders of removal may not apply for asylum, even though they may be entitled to withholding of removal. In reaching this conclusion, the First Circuit ruled that certain provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 did not entitle Petitioner, a citizen of Guatemala who was subject to a reinstated order of removal, to seek asylum. The First Circuit affirmed the decisions of the immigration judge (IJ) and Board of Immigration Appeals (BIA) that determined that Petitioner could not apply for asylum even where the IJ determined that he was entitled to withholding of removal based on the persecution he would face in Guatemala.