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Court Defers to BIA’s Decision in Matter of F-P-R- to Calculate Asylum Applicant’s “Last Arrival” into the United States


The Second Circuit deferred to the BIA’s decision in Matter of F-P-R- to hold that the petitioner’s rebuffed effort to enter Canada from the United States after being illegally present in the United States following multiple deportations counted as his “last arrival” into the United States, thus giving him an additional one year from that date to file an asylum application. Accordingly, the court granted the petition for review in part and remanded in part for the BIA to determine whether the petitioner’s asylum application was timely.

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