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Fifth Circuit Finds that Affirmative Asylum Denial is not Final Agency Action


February 28, 2026
by Sabrina Damast

The Fifth Circuit has determined that asylum applicants protected by Temporary Protected Status cannot sue over the denial of their affirmative asylum applications because the denials are not final agency actions.

The full text of Sayegh de Kewayfati v. Bondi can be found here:

https://www.ca5.uscourts.gov/opinions/pub/25/25-20073-CV0.pdf

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tagged with Fifth Circuit, Administrative Procedures Act, asylum
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