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Under U.S. law, you must file within one year of your last entry into the United States in order to remain eligible for asylum. However, there are certain exceptions that may allow you to file after one year, such as the existence of changed or extraordinary circumstances that can affect an individual’s eligibility for asylum.
In a recent case Mendez-Rojas v. Johnson, No. 2:16-cv-01024-RSM (W.D. Wash) the U.S. District Court for the Western District of Washington found that the failure to provide individuals with reasonable notice of the one-year asylum application deadline violates the original Congressional intent, which was meant to ensure that individuals with viable asylum claims receive proper notice.
The case involved a group of individuals who alleged that the practices of the Department of Homeland Security (DHS) infringed on their statutory and regulatory rights to apply for asylum and, as a result, violated their rights to due process under the Fifth Amendment.
The group represented argued that because DHS failed to notify them of the one-year filing deadline, DHS effectively reduced the cumulative time allowed in the filing period, even though this was not the original intent of Congress.
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April 17, 2018 
