Garcia v. Sessions

Federal 7th Circuit Court
Civil Court
Immigration
Citation
Case Number: 
No. 16-3234
Decision Date: 
June 8, 2017
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Holding: 
Petition dismissed

Ct. of Appeals dismissed for lack of jurisdiction alien’s appeal of Bd.’s order dismissing his asylum application on ground that alien, as individual subject to reinstated order of removal, had no right to seek asylum relief under applicable federal regulations. Under Delgado-Arteaga, No. 16-1816 (May 12, 2017) alien lacked standing to pursue instant appeal because asylum is form of discretionary relief in which there was no liberty issue at stake. As such, alien lacked standing to challenge in instant appeal application of regulations preventing him from applying for asylum relief.