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GARCIA v. SESSIONS

Nos. 15-2571; 16-1964.

856 F.3d 27 (2017)

Victor Garcia GARCIA, Petitioner, v. Jefferson B. SESSIONS, III, Attorney General of the United States, Respondent.

United States Court of Appeals, First Circuit.

May 3, 2017.

Attorney(s) appearing for the Case

Nancy J. Kelly , with whom John Willshire Carrera , the Harvard Immigration & Refugee Clinic, and Greater Boston Legal Services, Boston, MA, were on brief, for petitioner.

Kevin J. Conway , Attorney, Office of Immigration and Litigation, Civil Division, United States Department of Justice, with whom Andrew Oliveira , Trial Attorney, Office of Immigration and Litigation, Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Justin Markel , Senior Litigation Counsel, were on brief, for respondent.

Before Barron, Selya, and Stahl, Circuit Judges.

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...

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