Chief Judge Dennis Jacobs

 

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Under 8 CFR §208.4(a)(2), an asylum claim must be filed within one year of an alien’s “last arrival” in the United States. Petitioner alien was illegally present in the country after multiple deportations. After a significant absence he entered the country in 2011. On April 25, 2012, he crossed the Peace Bridge into Canada. Canada’s Border Services Agency detained him for four hours before returning him over the bridge. Again ordered deported from the United States, petitioner sought asylum and related relief. On Nov. 13, 2014, The Board of Immigration Appeals (BIA) affirmed the immigration judge’s ruling that petitioner’s asylum application was time barred. At issue on appeal was whether petitioner’s April 25, 2012 return from Canada over the Peace Bridge counted as his “last arrival” in the U.S., thus giving him an additional year from that date to file an asylum application. Second Circuit remanded the case to the BIA to decide if petitioner’s asylum claim was timely. Although the circuit’s 2006 decision in Joaquin-Porras v. Gonzales, 435 F.3d 172, would preclude petitioner’s asylum application as time barred, the BIA’s 2008 determination in Matter of F-P-R interpreted “last arrival” as meaning “the alien’s most recent arrival in the United States from a trip abroad.”