Does the Rule 208.13(c)(4)(i) of the Immigration and Customs Enforcement Rule apply to an asylum seeker who has been denied protection in a third country?

Id. The Rule does not apply to aliens who show that they applied for and were denied protection in a third country through which they traveled en route to the United States. Id. 208.13(c)(4)(i). Nor does the Rule apply to asylum seekers who are "victim[s] of a severe form of trafficking" or if "[t]he only countries through which the alien transited en route to the United States were, at the time of transit, not parties to" certain international agreements. Id. 208.13(c)(4)(ii)-(iii). The Rule also does not bar asylum seekers from applying for withholding of removal or for relief under the Convention Against Torture. Id. 208.13(c)(1).¹

In a wholly separate lawsuit captioned East Bay Sanctuary Covenant v. Barr ,

[952 F.3d 1020]