Lara-Aguilar v. Sessions, No. 16-1836 (4th Cir. 2018)Annotate this Case
The Eleventh Circuit denied a petition for review of the BIA's decision affirming the IJ's conclusion that petitioner was ineligible for asylum. In Mejia v. Sessions, 866 F.3d 573, 584 (4th Cir. 2017), the court recently held that an alien subject to a reinstated order of removal may not apply for asylum. Mejia's fact pattern was substantially similar to petitioner's where the alien had grounds to apply for asylum prior to her initial removal. The court held that petitioner's arguments were inconsistent with the plain terms of 8 U.S.C. 1158(a)(2)(D) and were contrary to Mejia's holding that section 1231(a)(5) attached a categorical prohibition against applying for asylum to aliens subject to reinstated orders of removal.