United States Second Circuit

Board of Immigration Appeals decision affirming an Immigration Judge's declaration that, inter alia, petitioner's application for asylum was untimely is reversed and remanded for reconsideration where: 1) petitioner engaged in public political activism in the United States, creating changed circumstances such that he was excused from timeliness pursuant to 8 U.S.C. section 1158(a)(2)(D); and 2) the fact that petitioner held these political beliefs when he emigrated from China to the United States does not prevent a finding of changed circumstances, as longstanding interpretation allows for the expression of an existing belief or engagement in new political activity to constitute changed circumstance under section 1158(a)(2)(D).

Appellate Information

• Decided 08/19/2014
• Published 08/19/2014

Judges

• CALABRESI

Court

• United States Second Circuit

Counsel