The Second Circuit has determined that changed circumstances arising after the filing of a Form I-589 can still be used to invoke an exception to the one-year filing deadline for asylum. “Our reading of § 1158(a)(2)(D) and these other provisions of the INA persuades us that Congress did not intend to bar the agency from considering 7 the asylum application of an applicant who shows changed circumstances that 8 first arise after the application is filed, and did not require that the changed 9 circumstances even relate to the delay in filing. To the contrary, Congress clearly 10 contemplated that the agency could consider a change in circumstances such as 11 the one alleged here at several stages in an applicant’s proceedings—even when 12 the change bears no relation to the reason for the delay, and even as late as a 13 motion to reopen a final order of removal.”
The full text of Ordonez Azmen v. Barr can be found here: