Wang
Yun Wang v. Holder
Opinion
Opinion
MEMORANDUM
Yun Wang and her family, natives and citizens of China, petition for review of the Board of Immigration Appeals’ (“BIA”) order dismissing their appeal from an immigration judge’s (“IJ”) decision denying their application for asylum and withholding of removal. We have jurisdiction under 8 U.S.C. § 1252 . We review for substantial evidence. Tekle v. Mukasey, 533 F.3d 1044, 1051 (9th Cir.2008). We grant the petition for review and remand.
The IJ determined Wang failed to establish extraordinary circumstances excusing her untimely-filed asylum application because she did not file “within a very short period of time after the expiration of her status.” This is an incorrect application of 8 C.F.R. § 1208.4 (a)(5)(iv) (extraordinary circumstances includes maintenance of lawful status until a “reasonable period” before filing the asylum application); see Husyev v. Mukasey, 528 F.3d 1172, 1182 (9th Cir.2008) (six-month period is a “presumptive deadline” applied in the absence of any special considerations); see also Wakkary v. Holder, 558 F.3d 1049, 1056-59 (9th Cir.2009). Accordingly, we grant and remand Wang’s asylum claim.