Toj-Culpatan v. Holder
**”Extraordinary circumstances” / asylum one year bar**
None of the following circumstances, either alone or in combination, constitute “extraordinary circumstances” justifying the untimely filing of an asylum application: (1) Petitioner does not speak English; (2) Petitioner was detained for two months in an immigration detention center; and (3) Petitioner’s case was transferred after he moved from Arizona to California. The ability to speak English constitutes an ordinary circumstance for most immigrants, and Petitioner’s attorney spoke English and told him that he would translate his asylum application from Spanish to English. In addition, Petitioner did not contend that the immigration detention center prevented him from filing his application, and he also had his attorney there for his two-month detention. Last, Petitioner fails to explain how his case’s transfer from Arizona to California prevented him from filing a timely application– he did not have to wait for a hearing to fill the I-589 and he caused this particular circumstance to occur by moving to California.
http://www.ca9.uscourts.gov/datastore/opinions/2009/12/01/05-72179.pdf
newimmigrationcases
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