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Keywords

tortstatuteasylumliens
tortstatuteasylumliens

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Mejia v. Sessions

Facts

Sonia Calla Mejia, a Peruvian national, fled to the United States in April 2015 after suffering domestic abuse. After being removed to Peru in June 2015, she attempted to re-enter the U.S. and was apprehended by the Department of Homeland Security (DHS), which reinstated her previous removal order. Mejia sought asylum, but DHS deemed her ineligible due to the reinstated order and placed her in withholding of removal-only proceedings. An immigration judge (IJ) granted her withholding of removal based on her credible fear of persecution.

Sonia Calla Mejia, a Peruvian national, fled to the United States in April 2015 after suffering domestic abuse. After being removed to Peru in June 2015, she attempted to re-enter the U.S. and was apprehended by the Department of Homeland Security (DHS), which reinstated her previous removal order. Mejia sought asylum, but DHS deemed her ineligible due to the reinstated order and placed her in withholding of removal-only proceedings. An immigration judge (IJ) granted her withholding of removal based on her credible fear of persecution.

Issue

Whether an alien subject to a reinstated order of removal is eligible to apply for asylum under 8 U.S.C. 1158.

Whether an alien subject to a reinstated order of removal is eligible to apply for asylum under 8 U.S.C. 1158.

Rule

Under 8 U.S.C. 1231(a)(5), an alien who has been removed and subsequently re-enters the U.S. is subject to a reinstated removal order and is precluded from applying for asylum, although they may still seek withholding of removal and protection under the Convention Against Torture.

Under 8 U.S.C. 1231(a)(5), an alien who has been removed and subsequently re-enters the U.S. is subject to a reinstated removal order and is precluded from applying for asylum, although they may still seek withholding of removal and protection under the Convention Against Torture.

Analysis

The court analyzed the statutory framework of the Immigration and Nationality Act, particularly the interplay between 8 U.S.C. 1158 and 1231(a)(5). It concluded that Congress intended to bar aliens with reinstated removal orders from applying for asylum, as the language of the statutes was clear and unambiguous. The court noted that while Mejia could not apply for asylum, she was still eligible for withholding of removal, which the IJ granted based on her credible fear of persecution.

The court analyzed the statutory framework of the Immigration and Nationality Act, particularly the interplay between 8 U.S.C. 1158 and 1231(a)(5). It concluded that Congress intended to bar aliens with reinstated removal orders from applying for asylum, as the language of the statutes was clear and unambiguous. The court noted that while Mejia could not apply for asylum, she was still eligible for withholding of removal, which the IJ granted based on her credible fear of persecution.

Conclusion

The court dismissed Mejia's petition for review in part and denied it in part, affirming the IJ's decision to grant withholding of removal but upholding the denial of her asylum application.

The court dismissed Mejia's petition for review in part and denied it in part, affirming the IJ's decision to grant withholding of removal but upholding the denial of her asylum application.

Who won?

The Department of Homeland Security prevailed in the case as the court upheld the denial of Mejia's asylum application based on the statutory bar imposed by her reinstated removal order.

The Department of Homeland Security prevailed in the case as the court upheld the denial of Mejia's asylum application based on the statutory bar imposed by her reinstated removal order.

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