Caballero-Arauz v. Department of Justice
Overview
Overview
A national of Panama with a pending asylum application in the United States sued the Department of Homeland Security over the government's interim final rule and new policies that implement the “Safe Third Country” provision of the asylum statute.
The Issue
Issue
Whether the Department of Homeland Security's interim final rule implementing the "Safe Third Country" provision of the asylum statute complies with the Administrative Procedure Act and the Immigration and Nationality Act, and whether it violates the plaintiff's statutory and constitutional rights to asylum consideration.
The Rules
Rule
Under the INA, asylum may be denied if an applicant transited through a country where they could have sought protection; however, such rules must comply with APA notice-and-comment requirements and statutory due process protections for asylum seekers.
The Application
Analysis
The plaintiff, a Panamanian national with a pending asylum application, challenges DHS's interim final rule as improperly promulgated and facially or as-applied unconstitutional, arguing it denies her meaningful opportunity to have her asylum claim evaluated on the merits.
The Conclusion
Conclusion
The case is active in the Northern District of Illinois before Judge John J. Tharp Jr., with the outcome pending resolution of whether the Safe Third Country rule and its implementation are lawful under applicable statutory and constitutional standards.
Flag an issue
This tracker is maintained by BrynoDC and is free because readers fund it. Support