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Immigration Law Associates, PC

Mendez-Rojas Asylum One Year Filing Deadline

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Under Mendez Rojas v. Wolf, Mendez Rojas challenged the federal government’s failure to alert asylum seekers about the one year filing deadline. Under the terms of the settlement agreement, class members have until April 22, 2022 to file a notice of class membership along with their asylum application and have the application considered timely. The two classes are listed below:

Class A comprises individuals who:

  • Were encountered by DHS upon arrival or within fourteen days of unlawful entry;
  • Were released by DHS after having been found to have a credible fear of persecution or torture within the meaning of 8 U.S.C. § 1225(b)(1)(B)(ii) and 8 C.F.R. §§ 208.30, 1208.30, 1003.42;
  • Did not receive individualized notice of the one-year filing deadline for asylum applications; and
  • Either
    • Have not filed an asylum application; or
    • Filed an asylum application more than one year after their last arrival in the United States.

Class B comprises individuals who:

  • Were encountered by DHS upon arrival or within fourteen days of unlawful entry;
  • Expressed a fear of return to their country of origin;
  • Were released from DHS custody upon issuance of an NTA;
  • Did not receive individualized notice of the one-year filing deadline for asylum applications; and
  • Either
    • Have not filed an asylum application; or
    • Filed an asylum application more than one year after their arrival in the United States.

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