R-S-C v. Sessions

EBEL, Circuit Judge.

There is an apparent conflict, which is squarely presented in this ease, between two provisions of the Immigration and Nationality Act (INA). The asylum section provides that “[a]ny alien ..., irrespective of such alien’s status, may apply for asy lum[.]” 8 U.S.C. § 1158(a)(1) (emphasis added). By contrast, the reinstatement provision mandates that a previously deported alien who illegally reenters the United States will have his prior removal order reinstated and “is not eligible and may not apply for any relief....” Id. § 1231(a)(5) (emphasis added). Tasked with…