Ali v. Barr, No. 17-60604 (5th Cir. 2020)
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The Fifth Circuit denied a petition for review of the BIA's decision upholding the IJ's denial of petitioner's asylum application. The BIA concluded that petitioner's status as a legal permanent resident (LPR) ended his status as an asylee. Petitioner argued that, at the time of his drug convictions, he was both an LPR and an asylee.
The court held that petitioner's voluntary and successful adjustment to LPR status ended his status as an asylee. In this case, upon successfully adjusting to LPR status, petitioner lost asylee status and thus to avoid removal, he needed to reapply for asylum before a second IJ. The court also held that the first IJ's decision lacked preclusive effect because the REAL ID Act changed the law.
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