Vrljicak v. Holder, No. 12-1516 (7th Cir. 2012)
Annotate this CaseVrljicak arrived in the U.S. from Serbia under a work visa, which expired September 30, 2009.He did not leave and was in unauthorized status on July 14, 2010, when he applied for asylum on the ground that his native land would persecute him because of his sexual orientation. The Board of Immigration Appeals agreed with the IJ that Vrljicak took too long to seek asylum, 8 U.S.C. 1158 (a)(2)(B), but held that he is entitled to withholding of removal and remanded. The Seventh Circuit denied review, rejecting a challenge that the Board should have excused his delay under 8 C.F.R. 1208.4(a)(5)(iv), which reads: “The applicant maintained Temporary Protected Status, lawful immigrant or nonimmigrant status, or was given parole, until a reasonable period before the filing of the asylum application.”
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