United States Ninth Circuit

Petition for review of an order of the Board of Immigration Appeals is granted where the BIA erred in imposing the corroboration provision found in 8 U.S.C. section 1158(b)(1)(B)(ii) (governing demonstration of refugee status) on petitioner’s showing of timely filing under section 1158(a)(2)(B). Section 1158(b)(1)(B)(ii) applies to the merits of an asylum claim, not to the one-year filing deadline for asylum applications, and the one-year provision is governed by section 1158(a)(2)(B) is silent on the issue of corroboration.

Appellate Information

• Decided 06/17/2011
• Published 06/17/2011

Judges

• McKeown

Court

• United States Ninth Circuit

Counsel