03 Jul 2019

CA2 on Asylum, Changed Circumstances: Yang v. Barr

Yang v. Barr

"We are asked to determine whether the Immigration and Nationality Act’s (“INA”) exception for late filing applies only to changed circumstances underpinning a successful claim, or whether the changed circumstances permit an application for asylum on multiple bases, including bases that are unrelated to the changed circumstances. We hold that the plain language of the statute unambiguously permits an applicant to raise multiple claims in her asylum application, even if the changed circumstance relates only to one proffered basis for asylum. Accordingly, we grant the petition for review and remand the application to the Board of Immigration Appeals (“BIA”) for the limited purpose of granting Yang’s application for asylum."

[Hats off to Gary Yerman!]