EOIR Provides Guidelines for the Implementation of the Settlement Agreement in Mendez Rojas v. Wolf

EOIR released a policy memo (PM 21-01) providing guidance to assist EOIR adjudicators and administrative staff in complying with the requirements of the settlement agreement, effective nationwide, in Mendez Rojas v. Wolf, a suit involving individuals who have filed, or will be filing, an asylum application more than one year after arriving in the U.S.

The settlement agreement requires, inter alia, that class members file notice of class membership and any accompanying documentation, as set forth in the settlement agreement, on or before March 31, 2022. An individual who establishes Mendez Rojas class membership shall be deemed to have timely filed an asylum application.

Related Resources

• American Immigration Council: Challenging Obstacles to Meeting The One Year Filing Deadline for Filing An Asylum Application
• Notice of Proposed Settlement and Hearing in Lawsuit Challenging DHS’s One-Year Filing Deadline for Asylum Applications
• Resources on Lawsuit Challenging DHS’s One-Year Filing Deadline for Asylum Applications
• Updated FAQs on Mendez Rojas v. Johnson