Tin Win v. Eric H. Holder Jr.

MEMORANDUM

Tin Win, a native and citizen of Burma, petitions for review of the Board of Immigration Appeals’ (“BIA”) dismissal of his appeal from an Immigration Judge’s (“IJ”) denial of his application for asylum as untimely. Under 8 U.S.C. § 1252 (a)(2)(D), we have jurisdiction over questions involving the application of the “changed circumstances” rule for excusing delayed asylum applications, see 8 U.S.C. § 1158 (a)(2)(D), as long as the underlying facts are undisputed. See Ramadan v. Gonzales, 479 F.3d 646, 650 (9th Cir.2007). Because we conclude that the agency improperly applied the “changed circumstances” standard, we grant Win’s petition and remand for consideration of Win’s asylum application on the merits.

The BIA and the IJ misapplied the statute when they concluded that Win had failed to show changed circumstances that would materially affect his eligibility for asylum that occurred more than one year after his arrival in the United States. See 8 U.S.C. § 1158 (a)(2)(B). Although Win held out hope that he might be able to safely return to Burma, in 2000, he learned that a former political associate had been arrested in Burma, that the individual had informed on him…