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While the government has permitted a small number individuals with prior removal orders to proceed with asylum claims, at a systemic level DHS has refused to acknowledge that people who have prior removal orders but fear persecution and torture in their home countries still have the right to seek asylum. The only court to address the issue has rejected the right to asylum for these individuals. See Ramirez-Mejia v. Lynch, __ F.3d __ (5th Cir. 2015). NIJC is working with the Petitioner in Ramirez-Mejia on a request for rehearing of that decision, but given this negative decision by the Fifth Circuit, NIJC encourages advocates to proceed with caution.
If you are an immigration attorney and would like to make a right-to-asylum argument on behalf a client, please reach out to NIJC to coordinate this effort  using the form below.