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GARCIA v. SESSIONS

No. 16-3234.

873 F.3d 553 (2017)

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

United States Court of Appeals, Seventh Circuit.

Decided October 11, 2017.

Attorney(s) appearing for the Case

Edward F. Malone , William S. Porterfield , Attorneys, BARACK, FERRAZZANO, KIRSCHBAUM & NAGELBERG LLP, Chicago, IL, Keren Zwick , Attorney, NATIONAL IMMIGRANT JUSTICE CENTER, Chicago, IL, for petitioner.

Lisa Marie Arnold , OIL, Attorneys, DEPARTMENT OF JUSTICE, Civil Division, Immigration Litigation, Washington, DC, for respondent.

Rebecca Ann Sharpless , Attorney, UNIVERSITY OF MIAMI SCHOOL OF LAW, Coral Gables, FL, for Amicus Curiae AMERICAN IMMIGRATION LAWYERS ASSOCIATION.

Before Manion and Rovner, Circuit Judges, and Coleman, District Judge.

Petitioner Cirilo Garcia is a native citizen of Honduras currently subject to a reinstated order of removal. Federal regulations say that aliens in his position have no right to apply for asylum. Garcia argues that these regulations are inconsistent with the general asylum statute, 8 U.S.C. § 1158(a)(1). Following circuit...

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