Garcia v. Sessions

Federal 7th Circuit Court
Civil Court
Case Number: 
No. 16-3234
Decision Date: 
October 11, 2017
Federal District: 
Petition for Review, Order of Bd. of Immigration Appeals
Petition denied

Bd. did not err in refusing to consider alien’s appeal of his asylum request, under circumstances where: (1) alien had been subject to prior removal order that had been entered in absentia; (2) alien had re-entered U.S. and sought asylum after being apprehended by Border Patrol. Ct. of Appeals, in overruling Delgado-Arteaga, 856 F.3d 1109, found that alien had standing to seek asylum relief, even though he was subject to reinstatement of his prior removal order. However, alien was barred under 8 USC section 1231(a)(5) from obtaining asylum relief due to fact that he was subject to reinstated order of removal at time he sought said relief. Fact that general asylum statute under 8 USC section 1158(a) provided that regardless of his status, alien could apply for asylum relief did not require different result.