Zoya Gasparyan v. Eric H. Holder Jr.

Zoya Gasparyan, a native and citizen of Armenia, petitions for review of the Board of Immigration Appeal’s denial of her asylum application as time-barred. Gaspar-yan originally entered the United States on a six-month visa, which she overstayed. More than a year later, she applied for asylum, withholding of removal, and protection under the Convention Against Torture. An immigration judge found her eligible for withholding of removal and CAT protection, but denied her asylum application for failure to meet the one-year filing deadline. See 8 U.S.C. § 1158 (a)(2)(B). Gasparyan appealed the denial of asylum, arguing that her untimely application should be excused because she suffered from a mental illness that constitutes an extraordinary circumstance pursuant to 8 U.S.C. § 1158 (a)(2)(D) and 8 C.F.R. § 1208.4 (a)(5). The Board of Immigration Appeals denied the appeal. Although Gasparyan asserted that her delay in filing was due to mental health issues, the Board concluded that the primary reason for the delay was Gasparyan’s lack of funds and inability to speak English.

Gasparyan appeals the Board’s adverse extraordinary circumstances determination. Additionally, she…