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Garcia v. Sessions

Facts

Victor Garcia Garcia, a citizen of Guatemala, was subject to a reinstated order of removal. An immigration judge (IJ) determined that he was entitled to withholding of removal due to the persecution he would face if returned to Guatemala. However, both the IJ and the BIA concluded that Garcia could not apply for asylum, citing provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and related regulations.

Victor Garcia Garcia, a citizen of Guatemala, was subject to a reinstated order of removal. An immigration judge (IJ) determined that he was entitled to withholding of removal due to the persecution he would face if returned to Guatemala. However, both the IJ and the BIA concluded that Garcia could not apply for asylum, citing provisions of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and related regulations.

Issue

Whether aliens who are subject to reinstated orders of removal may apply for asylum.

In this dispute, we must decide whether aliens who are subject to reinstated orders of removal may apply for asylum.

Rule

Under 8 U.S.C. 1231(a)(5), an alien subject to a reinstated order of removal is not eligible to apply for any relief under chapter 12 of Title 8 of the U.S. Code, which includes asylum.

8 U.S.C. 1231(a)(5) — part of section 305 of IIRIRA — states that an alien subject to a reinstated order of removal 'is not eligible and may not apply for any relief under . . . [chapter 12 of Title 8 of the U.S. Code], and the alien shall be removed under the prior order at any time after the entry.'

Analysis

The court analyzed the statutory provisions and concluded that the BIA's interpretation was reasonable. The distinction between withholding of removal and asylum was emphasized, with the court noting that the latter is a discretionary form of relief that is not available to those under reinstated removal orders. The court found that the BIA's regulations appropriately balanced the statutory provisions.

The court analyzed the statutory provisions and concluded that the BIA's interpretation was reasonable. The distinction between withholding of removal and asylum was emphasized, with the court noting that the latter is a discretionary form of relief that is not available to those under reinstated removal orders. The court found that the BIA's regulations appropriately balanced the statutory provisions.

Conclusion

The court denied the petitions for review, affirming the BIA's decision that Garcia could not apply for asylum.

The court denied the petitions for review, affirming the BIA's decision that Garcia could not apply for asylum.

Who won?

The government prevailed in the case because the court upheld the BIA's interpretation of the law, which barred Garcia from applying for asylum under the circumstances.

The government prevailed in the case because the court upheld the BIA's interpretation of the law, which barred Garcia from applying for asylum under the circumstances.

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