On Friday, August 27, the Fifth Circuit Court of Appeals extended the district court stay on the preliminary injunction on the Biden immigration enforcement memos indefinitely.
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The Fifth Circuit remanded the petition to the Board of Immigration Appeals to determine if equitable tolling is appropriate in Mr. Lugo-Resendez’ case. Importantly, the Court instructed the Board not to apply the test “too harshly,” noting the difficulties faced by deported immigrants who may be “poor, uneducated, unskilled in the English language, and effectively unable to follow developments in the American legal system—much less read and digest complicated legal decisions.”
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The Fifth Circuit affirmed the Board of Immigration Appeals’ denial of the petition for review, finding that INA §241(a)(5)’s plain language, relevant regulations, and analogous case law compel the conclusion that immigrants whose removal orders are reinstated following illegal re-entry into the United States may not apply for asylum.
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People seeking asylum into U.S.
Get a California deportation attorney to help you file asylum
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 