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Keywords

jurisdictionasylum
jurisdictionasylum

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Bejet-Viali Al-Jojo v. Gonzales

Facts

Tarek Bejet-Viali Al-Jojo, a native of Sierra Leone, entered the United States in 1992 with his family without valid entry documents. His mother filed for asylum, which was denied, and he was ordered deported in absentia. After re-entering the U.S. in 1998, he was placed in removal proceedings in 2001. He applied for asylum more than a year after his arrival, claiming changed circumstances and fear of persecution if returned to Sierra Leone.

Tarek Bejet-Viali Al-Jojo, a native of Sierra Leone, entered the United States in 1992 with his family without valid entry documents. His mother filed for asylum, which was denied, and he was ordered deported in absentia. After re-entering the U.S. in 1998, he was placed in removal proceedings in 2001. He applied for asylum more than a year after his arrival, claiming changed circumstances and fear of persecution if returned to Sierra Leone.

Issue

Did the BIA err in denying Al-Jojo's application for asylum based on the timeliness of his filing and the lack of extraordinary circumstances?

Did the BIA err in denying Al-Jojo's application for asylum based on the timeliness of his filing and the lack of extraordinary circumstances?

Rule

Under 8 U.S.C. 1158(a)(2)(B), an alien must file for asylum within one year of arrival unless they demonstrate changed circumstances materially affecting eligibility or extraordinary circumstances relating to the delay.

Under 8 U.S.C. 1158(a)(2)(B), an alien must file for asylum within one year of arrival unless they demonstrate changed circumstances materially affecting eligibility or extraordinary circumstances relating to the delay.

Analysis

The court determined that it lacked jurisdiction to review the BIA's findings that Al-Jojo's asylum application was untimely and that he failed to demonstrate extraordinary circumstances. The BIA affirmed the IJ's decision, which found that Al-Jojo did not provide a reasonable explanation for his delay in filing and did not show changed circumstances that would affect his eligibility for asylum.

The court determined that it lacked jurisdiction to review the BIA's findings that Al-Jojo's asylum application was untimely and that he failed to demonstrate extraordinary circumstances. The BIA affirmed the IJ's decision, which found that Al-Jojo did not provide a reasonable explanation for his delay in filing and did not show changed circumstances that would affect his eligibility for asylum.

Conclusion

The appellate court denied Al-Jojo's petition for review, affirming the BIA's decision to deny his asylum application.

The appellate court denied Al-Jojo's petition for review, affirming the BIA's decision to deny his asylum application.

Who won?

The government prevailed in the case as the court upheld the BIA's decision denying Al-Jojo's asylum application due to the untimeliness of his filing.

The government prevailed in the case as the court upheld the BIA's decision denying Al-Jojo's asylum application due to the untimeliness of his filing.

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