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Asylum

By: Derek Hawkins//June 13, 2017//

Asylum

By: Derek Hawkins//June 13, 2017//

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7th Circuit Court of Appeals

Case Name: Cirilo G. Garcia v. Jefferson B. Sessions III

Case No.: 16-3234

Officials: MANION and ROVNER, Circuit Judges, and COLEMAN, District Judge

Focus: Asylum

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). However, because asylum is a form of discretionary relief, he lacks standing to challenge the regulations prohibiting him from applying for it. Therefore, we dis‐ miss the petition for lack of jurisdiction.

Petition Dismissed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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