Matter of T-M-H and S-W-C-
**What is a reasonable period to file an asy app. after material “changed circumstances”?**
The Act remains silent with respect to precisely when an applicant must file an asylum application in relation
to material “changed circumstances.” The regulations clarify that such an asylum application must be filed “within a reasonable period given those changed circumstances.’” 8 C.F.R. § 1208.4(a)(4)(ii). The term “reasonable period” is not defined in the Act or the regulations; however, some guidance is provided in the Supplementary Information to the interim and final rules implementing the provisions of the IIRIRA which is a useful tool in interpreting the regulations at issue. Here, the IJ improperly gave the respondents an automatic 1-year extension from the date their second child was born without evaluating their filing delays in relation to the particular circumstances involved. In this regard, the IJ’s decision contains insufficient findings of fact with respect to the respondents’ specific circumstances to determine on appeal the reasonableness of an almost 9-month delay for the female respondent, and an almost 1-year delay for the male respondent, following the birth of their second child. It is therefore appropriate to remand the record to the IJ.
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