Ortiz-Alfaro v. Holder, Jr., No. 10-73057 (9th Cir. 2012)
Annotate this CasePetitioner, a Mexican national, sought review of 8 C.F.R. 208.31, arguing that the regulation was unlawful because it precluded him from applying for asylum. The Government sought to dismiss for lack of jurisdiction because the Department of Homeland Security (DHS) was still considering whether petitioner had a reasonable fear of persecution, which could permit him to apply for withholding of removal. The court held that because DHS had not completed all proceedings pursuant to section 208.31 that would determine whether or not plaintiff would be removed, the court lacked jurisdiction to review the petition.
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