Osama Al Ramahi v. Eric Holder, Jr., 725 F.3d 1133

Al Ramahi and Al Sharif petition for review of a BIA decision that extraordinary circumstances do not excuse their asylum untimeliness.
They argued changed circumstances and extraordinary circumstances, and that their delay was reasonable given advice, caregiving, and government notices.
They entered the United States in 2007 and had deadlines in 2008 to file; they filed on April 29, 2009.
Threats from Al Sharif’s brothers and related events occurred in 2007; they remarried and sought legal counsel thereafter.
The IJ denied asylum as untimely but granted withholding of removal; the BIA affirmed untimeliness and denied asylum, while withholding remained available.
The court analyzes whether substantial evidence supports the BIA’s determination that the delay was not reasonable under the Preamble guidance.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the BIA properly applied extraordinary/changed circumstances to excuse timeliness	Al Ramahi/Al Sharif contend there were changed or extraordinary circumstances due to threats and status lapse.	BIA reasoned the delay was not reasonable despite circumstances, citing substantial delay and lack of compelling support.	BIA decision affirmed; delay not reasonable under the circumstances.
Whether the delay in filing was reasonable under the totality of circumstances	Delay was reasonable due to deficient legal advice, difficulty obtaining counsel, and late government notices.	Delay was essentially a choice and not reasonable; presumptive six-month guideline exceeded.	Delay not reasonable; BIA supported by substantial evidence.
Whether Lozada requirements for ineffective assistance of counsel were met and considered	Klein’s advice was deficient; Lozada requirements satisfied should excuse delay.	Lozada requirements not satisfied; BIA properly evaluated all circumstances.	Lozada requirements not met; BIA properly weighed counsel's influence.
Whether the court has jurisdiction and the proper standard of review under the REAL ID Act	REAL ID Act permits review of BIA’s application of extra/changed circumstances.	Jurisdiction is limited; issues are discretionary or mixed questions of law and fact.	Court has jurisdiction under 8 U.S.C. §1252(a)(2)(D); review is for substantial evidence.

Ramadan v. Gonzales, 479 F.3d 646 (9th Cir. 2007) (clarifies one-year asylum filing deadline and exceptions)
Wakkary v. Holder, 558 F.3d 1049 (9th Cir. 2009) (guides reasonableness of delay under extraordinary circumstances)
Husyev v. Mukasey, 528 F.3d 1172 (9th Cir. 2008) (totality of circumstances standard for reasonableness of delay)
Singh v. Holder, 656 F.3d 1047 (9th Cir. 2011) (presumptive six-month period for reasonable delay after status expiration)
INS v. Elias-Zacarias, 502 U.S. 478 (Supreme Court 1992) (context on asylum eligibility and timing considerations)
Samayoa-Martinez v. Holder, 558 F.3d 897 (9th Cir. 2009) (procedural and evidentiary considerations in asylum cases)
Khunaverdiants v. Mukasey, 548 F.3d 760 (9th Cir. 2008) (consideration of various factors in evaluating delay and relief)