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Case Citations [1] (July 2017 through April 2018)

handle is hein.ali/rethdfr0038 and id is 1 raw text is: 





      THE FOREIGN RELATIONS LAW OF THE

                           UNITED STATES 3D





     PART  I. INTERNATIONAL LAW AND ITS RELATION TO UNITED STATES LAW

     CHAPTER   2. STATUS  OF  INTERNATIONAL LAW AND AGREEMENTS IN UNITED
                                       STATES   LAW

§ 114. Interpretation of Federal Statute in Light of International Law or Agreement

C.A.1, 2017. Quot. in diss. op. Guatemalan citizen who had twice entered the United States unlawfully
and was subject to a reinstated order of removal filed a petition for review after an immigration judge
found that he would face persecution in his home country, and granted his application for withholding of
removal, but ruled that he was barred from seeking asylum due to the reinstated order of removal. The
board of immigration appeals and this court affirmed. The dissent argued that the majority's
construction of the statutory scheme to deny aliens who were subject to reinstated orders of removal the
right to apply for asylum violated the United States' obligations under an international treaty, and thus
was unreasonable under the Charming Betsy doctrine described in Restatement Third of Foreign
Relations Law § 114, which provided that, where fairly possible, United States statutes were to be
construed so as not to conflict with international law or international agreements of the United States.
Garcia v. Sessions, 856 F.3d 27, 53.



                       PART   III. INTERNATIONAL AGREEMENTS

   CHAPTER 3.   EFFECT   AND  INTERPRETATION OF INTERNATIONAL AGREEMENTS

§ 321. Binding Force of Agreement

C.A.1, 2017. Quot. in ftn. to diss. op. Guatemalan citizen who had twice entered the United States
unlawfully and was subject to a reinstated order of removal filed a petition for review after an
immigration judge found that he would face persecution in his home country, and granted his application
for withholding of removal, but ruled that he was barred from seeking asylum due to the reinstated order
of removal. The board of immigration appeals and this court affirmed. The dissent argued that the
majority's construction of the statutory scheme to deny aliens who were subject to reinstated orders of
removal the right to apply for asylum violated the United States' obligations under an international
treaty, and thus was unreasonable under the Charming Betsy doctrine described in Restatement Third of
Foreign Relations Law § 114, which provided that, where fairly possible, United States statutes were to
be construed so as not to conflict with international law or international agreements of the United States;
the dissent cited Restatement Third of Foreign Relations Law § 321 in noting that, whether the treaty at





          For earlier citations, see the Appendices, Supplements, or Pocket Parts, if any, that correspond to the subject matter under examination.

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