Singh, et al. v. Holder, Jr., No. 07-70056 (9th Cir. 2011)
Annotate this CasePetitioner, a citizen and national of India, petitioned for review of the BIA's decisions. At issue was whether petitioner established changed or extraordinary circumstances that would excuse his untimely application for asylum. The court held that the BIA applied incorrect legal standards when it determined that petitioner had not established changed or extraordinary circumstances, excusing his untimely application, because the relevant inquiry should have been why petitioner delayed his application, not that the arrest of his wife triggered his application. The court also held that the BIA's determination that petitioner failed to file his application within a reasonable period of time after his lawful non-immigrant status expired was not supported by substantial evidence. Accordingly, the court granted the petition and remanded the matter to the BIA so that it could apply the correct legal standard in the first instance.
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