Challenging Obstacles to Meeting The One Year Filing Deadline for Filing An Asylum Application

Challenging Obstacles to Meeting The One Year Filing Deadline for Filing An Asylum Application

Mendez-Rojas v. Johnson, No. 2:16-cv-01024-RSM (W.D. Wash. filed June 30, 2016)

STATUS:
Pending

Although the immigration statute requires immigrants seeking asylum to file their applications within one year of arriving in the United States, the Department of Homeland Security (DHS) has long failed to notify asylum seekers of this important deadline. Furthermore, DHS and the Executive Office for Immigration Review have not created a mechanism that allows all asylum seekers the opportunity to file their applications in a timely manner.

On June 30, 2016, the American Immigration Council and its partners filed a class action lawsuit challenging these practices on behalf of asylum seekers who enter the United States and are released from immigration custody without notice of the one-year filing deadline. The case was filed by the Council, the Northwest Immigrant Rights Project, Dobrin & Han, PC, and the National Immigration Project of the National Lawyers Guild in the U.S. District Court for the Western District of Washington

The court granted Plaintiffs’ motion for class certification on January 10, 2017, and Plaintiffs’ motion for summary judgment on March 29, 2018. The court found that the failure to provide all class members with notice of the one-year asylum application period violates the APA, the INA and the 5th Amendment Due Process Clause. The court also found that the lack of an adequate mechanism to timely file their asylum applications violates class members’ statutory right to apply for asylum and the APA.

Proposed Settlement

After DHS appealed the decision, the parties reached a proposed settlement. On August 17, 2020, the District Court for the Western District of Washington preliminarily approved a final settlement agreement. The court scheduled a fairness hearing for November 4, 2020, and class members have until September 21, 2020 to file objections to the proposed settlement agreement.

Until a final settlement is in place, there is a joint interim stay agreement. Under that agreement, EOIR and USCIS have agreed to treat as timely filed all pending and newly filed asylum applications that are adjudicated during the stay filed by class members who do not have final orders of removal. Class members should provide notice to the adjudicator of their membership in the class.

For more information about the court’s order and the interim stay agreement, please read our Frequently Asked Questions, which includes a copy of the stay agreement and sample notices of class membership.

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