Perez-Guzman v. Lynch

Petitioner, a native and citizen of Guatemala, seeks review of the BIA's affirmance of the IJ's decision declining to consider his application for asylum and denial of withholding of removal and protection under the Convention Against Torture (CAT). The parties agree that the court must remand to the BIA on petitioner's claims for withholding of removal and protection under CAT in light of intervening circuit precedent. The court held that Congress has not clearly expressed whether 8 U.S.C. 1231(a)(5), enacted by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) prevents an individual subject to a reinstated removal order from applying for asylum under 8 U.S.C. 1158. However, the court concluded that the Attorney General’s regulation preventing petitioner from applying for asylum under these circumstances is a reasonable interpretation of the statutory scheme, and is entitled to deference under Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc. Accordingly, the court remanded for the BIA to reconsider petitioner's withholding and CAT claims. View "Perez-Guzman v. Lynch" on Justia Law