News Update - April 25, 2009
By Alan Lee, Esq.†‡
One-Year Asylum Filing Deadline Clarifications
Asylum applicants must apply for asylum within one year of their
arrival to the United States. The date of arrival does not count
toward the one-year period. That means if the date of arrival is
April 21, 2008 an applicant has until April 21, 2009 to file. Minasyan
v. Mukasey, 553 F.3d 1224 (9th Cir., 2008). Also, if the one-year
deadline date falls on a weekend or holiday the actual deadline
date is the end of the day following the weekend or holiday. The
application must be mailed by that date. Jorgji v. Mukasey, 514
F.3d 53 (1st Cir., 2008). This one-year period for filing an asylum
application is calculated from the applicant’s “last
arrival” to the United States. The term “last arrival”
means the most recent arrival to the United States even after traveling
outside of the United States. Matter of F-P-R- 24 I&N Dec. 681
(BIA 2008). Litigation Clearinghouse Newsletter, American Immigration
Law Foundation, Legal Action Center, Vol. 4, No. 5 (April 17, 2009).
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