Zeqiri v. Mukasey

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ARGUED NOVEMBER 29, 2007

Before CUDAHY, POSNER, and EVANS, Circuit Judges.

Gzime Zeqiri and her eleven-year-old son, Albulen, arrived at Miami International Airport on September 8, 2001 carrying false Slovenian passports. They were, however, actually citizens of Macedonia. They had recently fled the ethnic conflict that consumed much of that country during the spring and summer of 2001. They were admitted into the United States under the Visa Waiver Program but failed to file their asylum applications within a year of their arrival, as required by the Immigration and Naturaliza- tion Act (INA) and the regulations promulgated under it. The Zeqiris attempted to persuade an immigration judge that “extraordinary circumstances” excused their late filing but the judge dismissed their applications as untimely and rejected their claims for withholding of removal and relief under the Convention Against Torture. The Board of Immigration Appeals (Board) dismissed their appeal in a brief order that affirmed and adopted the findings of the immigration judge.

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