Unpub. BIA late-filed asylum victory: changed/extraordinary circumstances

"[W]e disagree with the Immigration Judge's determination that, since the respondent had already submitted an asylum application in [date] based upon a fear of persecution on account of his sexual orientation, his discovery of his HIV positive status in [date] could not qualify as a change in the respondent's circumstances that materially affected his eligibility for asylum (I.J. at 7-8). We find that it is a changed circumstance materially affecting his asylum eligibility. We therefore conclude that despite his arrival in the United States in 1998, the respondent should have been permitted to apply for due to his discovery of his HIV status."

Matter of X-, July 14, 2011.  [Hats off to Paul O'Dwyer!]