Hay

MEMORANDUM **

Visoth Hay, a native and citizen of Cambodia, petitioned this court for review of the Board of Immigration Appeals’s (“BIA’s”) affirmance of an immigration judge’s (“U’s”) decision determining that Hay “failed to file his asylum application within one year of his arrival, and that he failed to demonstrate changed circumstances relating to the delay in filing an application within one year.”

Pursuant to 8 U.S.C. § 1158 (a)(2)(B), an application for political asylum is untimely if filed more than one year after the alien’s arrival in the United States. However, an exception exists “if the alien demonstrates to the satisfaction of the Attorney General either the existence of changed circumstances which materially affect the applicant’s eligibility for asylum or extraordinary circumstances relating to the delay in filing an application within the period specified....” 8 U.S.C. § 1158 (a)(2)(D).

Prior to the passage of the REAL ID Act of 2005, Pub.L. No. 109-13, 119 Stat. 231, 311 (2005), no court had jurisdiction to review a determination by the Attorney General that an applicant’s petition was not filed within the one-year time limit or that changed circumstances…