Asylum and Refugee Law Immigration Litigation US Citizenship and Immigration Services

Mendez Rojas settlement agreement finalized on the one year filing deadline for asylum

The US Supreme Court

USCIS posted a notice on the final settlement agreement reached in the Mendez Rojas v. Wolf class action. This lawsuit relate to DHS’ failure to advise people of the one-year filing deadline in asylum cases when they were released. It also deals with faulty procedures which deprived people of the opportunity to file for asylum even if they were advised. The agreement was finalized November 4, 2020, and USCIS is now implementing a Uniform Procedural Mechanism along with EOIR as of January 26, 2021.

The final settlement agreement can be read here. According to USCIS:

If you believe you are a member of the Mendez Rojas class, you will have until April 22, 2022, to raise a claim that the one-year deadline to file an asylum application does not apply to you under the terms of the final settlement agreement. You may raise this claim in a new asylum filing, in a pending filing, or through a motion before the immigration court or the Board of Immigration Appeals, whichever applies.