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BIA on “Changed Circumstances” Related to Asylum Application Filing Delays

Feb 9, 02:03 PM

The Board of Immigration Appeals recently decided a case on the question of whether the particular circumstances related to delays in filing an asylum application must be evaluated to determine whether the application was filed “within a reasonable period given those ‘changed circumstances.’”

The BIA reversed the Immigration Judge’s determination that given a “changed circumstance” the asylee had a one-year period in which to file his asylum application and held that the time period must be evaluated on a case-by-case basis.

Matter of T-M-H- & S-W-C-, 25 I&N Dec. 193 (BIA 2010)

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