United States Ninth Circuit

Petition for review of the denial of an asylum application as time-barred is granted, and denial reversed, where: 1) appellate jurisdiction existed to review the BIA's determination that petitioner failed to establish a timely filing of his application, because it involved a question of law; and 2) the BIA erred in concluding that proof of an exact departure date was necessary when other clear and convincing evidence established that petitioner necessarily filed his asylum application less than one year after arriving in the United States.

Appellate Information

• Decided 11/18/2008
• Published 11/18/2008

Judges

• SEDWICK, District Judge:, Before:  RONALD M. GOULD and CARLOS T. BEA, Circuit Judges, and JOHN W. SEDWICK, District Judge.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Asbet A. Issakhanian, Glendale, CA, for the petitioner-appellant.


• For Appellees:
  
• Aliza B. Alyeshmerni, United States Department of Justice, Civil Division, Washington, D.C., for the respondent-appellee.