Singh, et al. v. Holder, Jr., No. 08-70434 (9th Cir. 2011)
Annotate this CasePetitioner, an Indian citizen and former resident of the nation's Punjab state, petitioned for review of the BIA's decision that his asylum application was time-barred because he failed to provide corroboration of his date of entry under 8 U.S.C. 1158(a)(2)(B). At issue was whether the BIA erred in imposing the corroboration provision pursuant to section 1158(b)(1)(B)(ii) on petitioner's showing of timely filing under section 1158(a)(2)(B). The court held that, under basic principles of statutory construction, the BIA improperly imported the corroboration requirement of 8 U.S.C. 1158(a)(2)(B)(ii), which governed demonstration of refugee status, into section 1158(a)(2)(B), which required applications to be timely filed. The court also held that section 1158(b)(1)(B)(ii) applied to the merits of an asylum claim, not the one-year filing deadline for asylum applications and that the one-year provision was governed by section 1158(a)(2)(B), which was silent on the issue of corroboration. The court further held that the one-year bar determination was not reviewable absent a legal or constitutional question. Accordingly, the court granted the petition for review and remanded the matter to the BIA.
This opinion or order relates to an opinion or order originally issued on April 19, 2010.
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