United States Ninth Circuit
Perez-Guzman v. Lynch, 13-70579
Petition for review of an order of the Board of Immigration Appeals (BIA) is: 1) granted in part and remanded for the BIA to reconsider petitioner's applications for withholding of removal and CAT protection in light of Henriquez-Rivas v. Holder, 707 F.3d 1081 (9th Cir. 2013) (en banc), and Madrigal v. Holder, 716 F.3d 499 (9th Cir. 2013); and 2) denied in part where the Attorney General's regulation, 8 C.F.R. section 1208.31, precluding an individual subject to a reinstated removal order from applying for asylum, is a reasonable interpretation of the statutory scheme and is therefore entitled to deference at step two of the framework established under Chevron, U.S.A., Inc. v. Natural Resources Defense Council, Inc., 467 U.S. 837 (1984).
Appellate Information
- Decided
- Published 2016/08/31
Judges
- FISHER
Court
- United States Ninth Circuit