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Keywords

tortattorneyappealregulationasylum
tortattorneyasylum

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R-S-C- v. Sessions

Facts

R-S-C, an indigenous Guatemalan woman, fled to the United States multiple times to escape severe persecution in her home country, including rape and extortion. After being deported twice, she reentered the U.S. again in July 2014, at which point her prior removal order was reinstated. Despite expressing fear of returning to Guatemala, she was placed in 'withholding-only' proceedings and denied asylum, leading her to appeal the decision.

R-S-C, an indigenous Guatemalan woman, fled to the United States multiple times to escape severe persecution in her home country, including rape and extortion.

Issue

Whether an alien subject to the reinstatement provision of 8 U.S.C. 1231(a)(5) is eligible to apply for asylum.

Whether an alien subject to the reinstatement provision of 8 U.S.C. 1231(a)(5) is eligible to apply for asylum.

Rule

The court applied the Chevron deference standard, determining that the Attorney General's interpretation of the ambiguous statutory scheme regarding asylum eligibility for illegal reentrants is reasonable.

The court applied the Chevron deference standard, determining that the Attorney General's interpretation of the ambiguous statutory scheme regarding asylum eligibility for illegal reentrants is reasonable.

Analysis

The court found that the statutory text regarding asylum eligibility is ambiguous due to the conflict between the asylum provision, which allows any alien to apply for asylum, and the reinstatement provision, which prohibits relief for illegal reentrants. The Attorney General's regulations, which preclude asylum applications for those with reinstated removal orders, were deemed a reasonable interpretation of the law and entitled to deference.

The court found that the statutory text regarding asylum eligibility is ambiguous due to the conflict between the asylum provision, which allows any alien to apply for asylum, and the reinstatement provision, which prohibits relief for illegal reentrants.

Conclusion

The Tenth Circuit denied R-S-C's petition for review, affirming that the Attorney General's interpretation of the law was reasonable and that R-S-C was not eligible for asylum due to her reinstated removal order.

The Tenth Circuit denied R-S-C's petition for review, affirming that the Attorney General's interpretation of the law was reasonable and that R-S-C was not eligible for asylum due to her reinstated removal order.

Who won?

Sessions (the government) prevailed because the court upheld the Attorney General's interpretation that illegal reentrants with reinstated removal orders are not eligible for asylum.

Sessions (the government) prevailed because the court upheld the Attorney General's interpretation that illegal reentrants with reinstated removal orders are not eligible for asylum.

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