The United States Law Week

Order to Hold Asylum Seekers in Mexico Gets Trial Court Review

Feb. 14, 2020, 3:41 PM

A Guatemalan man and his seven-year-old daughter will have another chance to challenge the government’s plan to send them to Mexico while it decides whether to grant asylum, after the Third Circuit found a federal trial court should have considered their claims.

The trial court erred when it found it lacked authority to hear those claims, the U.S. Court of Appeals for the Third Circuit said Thursday.

Though detainees usually must exhaust their claims before the Board of Immigration Appeals and then seek review before a federal appeals court, most of the claims in this case can’t await a petition...

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