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R-S-C v. SESSIONS

No. 15-9572.

869 F.3d 1176 (2017)

R-S-C, Petitioner, v. Jefferson B. SESSIONS, III, United States Attorney General, Respondent. American Immigration Lawyers Association; National Immigrant Justice Center, Amici Curiae.

United States Court of Appeals, Tenth Circuit.

FILED September 6, 2017.

Attorney(s) appearing for the Case

Maria E. Andrade , Andrade Legal, Boise, Idaho, for Petitioner.

Corey L. Farrell , Trial Attorney ( Benjamin C. Mizer , Principal Deputy Assistant Attorney General, and Terri J. Scadron , Assistant Director, with him on the briefs), Office of Immigration Litigation, Civil Division, U.S. Department of Justice, Washington D.C., for Respondent.

Mark Barr , Lichter Immigration, Denver, Colorado, Charles Roth and Zeren Zwick , National Immigrant Justice Center, Chicago, Illinois, filed a for Amici Curiae.

Before EBEL and LUCERO, Circuit Judges.

There is an apparent conflict, which is squarely presented in this case, 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 asylum[.]" 8 U.S.C. § 1158(a)(1) (emphasis added). By contrast...

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