Behar International Counsel, APC - Immigration Attorney San Diego
Law
San Diego / CA / US
5 (2)
2 followers
As a experienced immigration lawyer I would like to comment on a case where the U.S. Supreme Court declined to review an immigration judge's decision that denied asylum based on the transit ban.
In this case, a citizen of El Salvador arrived in the U.S. in 2020, having traveled through Guatemala and Mexico. At that time, the transit ban, a policy from the Trump administration, was in effect. This policy required asylum seekers to apply for asylum in any transit country they passed through before reaching the U.S.
Unfortunately, the individual was denied asylum because he did not seek it in a transit country, thus failing to meet the requirements of the transit ban. After his appeal was rejected, the Supreme Court also refused to take up his case.
If I were advising the lawyer of this asylum seeker and believed it to be a strong case, I would recommend a different approach. Instead of pursuing an appeal, I would suggest filing a motion with the original judge to reconsider the asylum case, particularly after the transit ban was rescinded. This might provide a more favorable outcome for the client.
"Justices Reject Asylum Quest Of Man Caught In Transit Ban
By Rae Ann Varona Law360 (April 22, 2024) -
The U.S. Supreme Court turned down a Salvadoran man’s petition to look at a Ninth Circuit decision that said the judiciary can't review expedited removal decisions from the executive branch, even though courts had found the Trump administration policy authorizing the man's removal to be unlawful.
The high court's denial shuts the door on Hever Alberto Mendoza-Linares' four-year quest for asylum based on his fears that criminal gangs would target him for mixing political messages with the music he plays as a DJ at the request of politician clients.
Mendoza-Linares arrived in the U.S. in February 2020 after traveling through Guatemala and Mexico, and immigration officers denied his asylum request under a 2019 policy that barred applications from migrants who fail to seek protection in third countries en route to the U.S. That policy was overturned by both the D.C. and California federal courts, and upheld by appellate courts in those circuits.
The Supreme Court did not explain its reason for denying review, as is customary."
https://immigratingtousa.com/tatyana-a-edwards/
In this case, a citizen of El Salvador arrived in the U.S. in 2020, having traveled through Guatemala and Mexico. At that time, the transit ban, a policy from the Trump administration, was in effect. This policy required asylum seekers to apply for asylum in any transit country they passed through before reaching the U.S.
Unfortunately, the individual was denied asylum because he did not seek it in a transit country, thus failing to meet the requirements of the transit ban. After his appeal was rejected, the Supreme Court also refused to take up his case.
If I were advising the lawyer of this asylum seeker and believed it to be a strong case, I would recommend a different approach. Instead of pursuing an appeal, I would suggest filing a motion with the original judge to reconsider the asylum case, particularly after the transit ban was rescinded. This might provide a more favorable outcome for the client.
"Justices Reject Asylum Quest Of Man Caught In Transit Ban
By Rae Ann Varona Law360 (April 22, 2024) -
The U.S. Supreme Court turned down a Salvadoran man’s petition to look at a Ninth Circuit decision that said the judiciary can't review expedited removal decisions from the executive branch, even though courts had found the Trump administration policy authorizing the man's removal to be unlawful.
The high court's denial shuts the door on Hever Alberto Mendoza-Linares' four-year quest for asylum based on his fears that criminal gangs would target him for mixing political messages with the music he plays as a DJ at the request of politician clients.
Mendoza-Linares arrived in the U.S. in February 2020 after traveling through Guatemala and Mexico, and immigration officers denied his asylum request under a 2019 policy that barred applications from migrants who fail to seek protection in third countries en route to the U.S. That policy was overturned by both the D.C. and California federal courts, and upheld by appellate courts in those circuits.
The Supreme Court did not explain its reason for denying review, as is customary."
https://immigratingtousa.com/tatyana-a-edwards/
immigratingtousa.comTatyana A. Edwards Immigration Lawyer San Diego - Behar International CounselCertified Specialist in Immigration and Nationality Law by the Board of Legal Specialization of the California State Bar, with over 24 years of the established private practice in San Diego, California
1 Likes
