- Court: 9th Circuit Court of Appeals Archives
- Area(s) of Law: Immigration
- Date Filed: 10-24-2022
- Case #: 20-71582
- Judge(s)/Court Below: Collins, J. for the Court; Graber, J.; Groves, J.
- Full Text Opinion
Petitioner, an El Salvador citizen, was immediately apprehended after crossing into the United States. Petitioner sought asylum but the immigration judge determined Petitioner failed to make sufficient showings to warrant asylum and was ineligible under the Transit Bar as Petitioner did not establish a reasonable fear of persecution or torture and the judge ordered removal of Petitioner. The “Transit Bar,” which provided that, subject to certain enumerated exceptions, an alien who arrived in the U.S. across the southern border “after transiting through at least one country outside the alien’s country of citizenship, nationality, or last lawful habitual residence en route to the United States” was categorically ineligible for asylum. 8 C.F.R. § 208.13(c)(4) (2020)Petitioner filed a petition for review to the Ninth Circuit Court of Appeals, arguing that Petitioner was denied his statutory rights under §235 of the Immigration and Nationality Act without due process. The Ninth Circuit held that it lacked jurisdiction over the Petitioner’s petition for review. The Court reasoned that Congress explicitly exclude judicial review under §242 in this matter and the court was barred from having jurisdiction as the immigration judge entered a removal order based on the Transit Bar that there was no eligibility for asylum under §235(b)(1), and the limits of §242 bar judicial review of determinations underlying that order. The Court further reasoned that §242 application in this case was constitutional as Petitioner lacked constitutionally protected due process rights. Therefore, the court found that it lacked jurisdiction. Petition for Review DISMISSED.