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In re A-D- (EOIR May 22, 2017)

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This case considers whether the petitioner, a native and citizen of the People’s Republic of China, timely filed her asylum application and whether there were any extraordinary circumstances that warranted an exemption from the general 1-year deadline for filing an asylum application. The Board of Immigration Appeals (BIA) eventually decided that factors such as the petitioner’s age, language proficiency, time in the United States, physical and mental health, socio-economic and family status, and housing must be considered in a case-by-case basis to decide whether extraordinary circumstances truly exist in cases where asylum applications are filed after the 1-year deadline. This decision recognizes that young adults could have more difficulty recovering from trauma, locating housing, or obtaining legal assistance.