Norma Xiloj-Chan v. Jefferson Sessions III

700 F. App'x 280

• Court: Court of Appeals for the Fourth Circuit
• Decided: November 3, 2017
• Docket: 16-1782
• Status: Unpublished

Opinion

Unpublished opinions are not binding precedent in this circuit.

PER CURIAM:

Norma Elizabeth Xiloj-Chan, a native and citizen of Guatemala, petitions for review of an order of the Board of Immigration Appeals dismissing her appeal from the immigration judge’s decision granting her relief in withholding-only removal proceedings. Xiloj-Chan argues that the reinstated order of removal does not bar her from also applying for asylum relief. In Mejia v. Sessions, 866 F.3d 573, 576, 584 (4th Cir. 2017), this Court held that the reinstatement provision, 8 U.S.C. § 1231(a)(5) (2012), clearly precludes an alien subject to a reinstated order of removal from applying for asylum. Because Xiloj-Chan was subject to a reinstated order of removal, she was statutorily ineligible for asylum relief. Accordingly, we deny the petition for review. We dispense with oral argument because the facts and legal contentions are adequately presented in the materials before this court and argument would not aid the decisional process.

PETITION DENIED