Garcia-Garcia v. Sessions
Court of Appeals for the First Circuit
1Opinion of the Court
BARRON, Circuit Judge.
In this dispute, we must decide whether aliens who are subject to reinstated orders of removal may apply for asylum. Below, the immigration judge (“IJ”) and the Board of Immigration Appeals (“BIA”) each concluded that such aliens may not apply for asylum, even though they may be entitled to withholding of removal. The IJ and the BIA based their conclusions on certain provisions of the Illegal Immigra*30tion Reform and Immigrant Responsibility Act of 1996, Pub. L. 104-208, 110 Stat. 3009-546 (“IIRIRA”), as well as Department of Homeland Security (“DHS”) regulations that…
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