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Keywords

jurisdictionasylum
corporationasylum

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Sagaydak v. Gonzales

Facts

The petitioners, Viktor and Nataliya Sagaydak, are citizens of Ukraine. Viktor, a tax auditor, uncovered an illegal tax-evasion scheme involving a high-ranking government official. After refusing bribes to change his report, Viktor and Nataliya faced threats and violence, leading Viktor to flee to the United States. He filed for asylum more than a year after his arrival, which the IJ denied without considering whether extraordinary circumstances justified the delay.

The petitioners, Viktor and Nataliya Sagaydak, are citizens of Ukraine. Before immigrating to the United States, Viktor worked as a tax auditor for the Ukrainian government. During an audit of the Hidro Corporation ('Hidro'), Viktor uncovered an illegal tax-evasion scheme.

Issue

Did the immigration judge err by failing to determine whether the petitioners' late filing of their asylum application was due to extraordinary circumstances?

Did the immigration judge err by failing to determine whether the petitioners' late filing of their asylum application was due to extraordinary circumstances?

Rule

To be eligible for asylum, an alien must file an application within one year of arriving in the United States unless extraordinary circumstances exist that justify a delay.

To be eligible for asylum, an alien must, absent changed or extraordinary circumstances, file an asylum application within one year of arriving in the United States. 8 U.S.C. 1158(a)(2).

Analysis

The court found that the IJ's failure to consider whether extraordinary circumstances applied was a significant error. The IJ incorrectly believed that the one-year deadline was absolute and did not recognize the possibility of exceptions. The appellate court held that it had jurisdiction to review the failure to make a determination regarding extraordinary circumstances, as the IJ did not address this issue despite it being raised by the petitioners.

The court found that the IJ's failure to consider whether extraordinary circumstances applied was a significant error. The IJ incorrectly believed that the one-year deadline was absolute and did not recognize the possibility of exceptions.

Conclusion

The petition for review was granted, and the case was remanded to the BIA to determine whether extraordinary circumstances existed that would excuse the alien's failure to apply for asylum within one year of arriving in the United States.

The petition for review was granted so that the BIA could determine on remand whether extraordinary circumstances existed that would excuse the alien's failure to apply for asylum within one year of arriving in the United States.

Who won?

The petitioners prevailed in part, as the appellate court recognized the error made by the IJ in not considering extraordinary circumstances and remanded the case for further proceedings.

The petitioners prevailed in part, as the appellate court recognized the error made by the IJ in not considering extraordinary circumstances and remanded the case for further proceedings.

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