Osama Al Ramahi v. Eric Holder, Jr., 725 F.3d 1133 (9th Cir. 2013). · Go Syfert
Osama Al Ramahi v. Eric Holder, Jr., 725 F.3d 1133 (9th Cir. 2013). Cases Citing This Book View Copy Cite
“ifficulties in obtaining representation delay reasonable.”
71 citation events (71 in the last 25 years) across 3 distinct courts.
Strongest positive: Avelar Ramos v. Garland (ca9, 2023-07-03)
Treatment trajectory · 2013 → 2026 · click a year to view as-of
2013 2019 2026
Top citers, strongest first. 47 distinct citers. How cited ↗
discussed Cited as authority (quoted) Avelar Ramos v. Garland
9th Cir. · 2023 · quote attribution · 1 verbatim quote · confidence low
ifficulties in obtaining representation delay reasonable.
cited Cited as authority (rule) Melkumyan v. Bondi
9th Cir. · 2025 · confidence medium
A longer delay may be reasonable based on “individualized determinations.” Al Ramahi v. Holder, 725 F.3d 1133, 1135 (9th Cir. 2013) (internal quotation marks and citation omitted).
discussed Cited as authority (rule) Sapon Yax v. Garland (2×) also: Cited "see"
9th Cir. · 2024 · confidence medium
Substantial evidence supports the BIA’s determination that Sapon Yax failed to demonstrate changed or “extraordinary circumstances” excusing his untimely asylum application under the one-year statutory filing deadline. 8 U.S.C. §§ 1158 (a)(2)(B), (D); Al Ramahi v. Holder, 725 F.3d 1133, 1138 (9th Cir. 2013).
discussed Cited as authority (rule) Castillo-Santana v. Garland
9th Cir. · 2024 · confidence medium
When, as here, the BIA holds that a petitioner’s application for asylum was untimely, we review the BIA’s determination of whether the undisputed facts constituted “changed or extraordinary circumstances.” Al Ramahi v. Holder, 725 F.3d 1133, 1138 (9th Cir. 2013).
discussed Cited as authority (rule) Epalle Nseke v. Merrick Garland (2×) also: Cited "see"
9th Cir. · 2023 · confidence medium
A delay of six months is presumptively unreasonable, see Al Ramahi v. Holder, 725 F.3d 1133, 1135 (9th Cir. 2013), but the reasonableness inquiry must be made on a case-by-case basis, see Wakkary v. Holder, 558 F.3d 1049, 1058 (9th Cir. 2009).
discussed Cited as authority (rule) Molina-Socorro v. Garland (2×) also: Cited "see"
9th Cir. · 2023 · confidence medium
Where the agency held that the petitioner’s application for asylum was untimely, our jurisdiction to review is limited to the BIA’s determination of whether the undisputed facts constituted “changed or extraordinary circumstances.” Al Ramahi v. Holder, 725 F.3d 1133, 1138 (9th Cir. 2013).
cited Cited as authority (rule) Tomas Mejia v. Merrick Garland
9th Cir. · 2022 · confidence medium
See 8 U.S.C. § 1158 (a)(2)(D); 8 C.F.R. §§ 1208.4 (a)(4), (5); Al Ramahi v. Holder, 725 F.3d 1133, 1138 (9th Cir. 2013) (reviewing “reasonable period” determination for substantial evidence).
cited Cited as authority (rule) Pattie Walcott v. Merrick Garland
9th Cir. · 2021 · confidence medium
Al Ramahi v. Holder, 725 F.3d 1133, 1139 (9th Cir. 2013); Hernandez Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
cited Cited as authority (rule) Pattie Walcott v. Merrick Garland
9th Cir. · 2021 · confidence medium
Al Ramahi v. Holder, 725 F.3d 1133, 1139 (9th Cir. 2013); Hernandez Barron v. Ashcroft, 358 F.3d 674, 678 (9th Cir. 2004).
discussed Cited as authority (rule) B. R. v. Merrick Garland
9th Cir. · 2021 · confidence medium
See 8 U.S.C. § 1158 (a)(1), (a)(2)(B); Al Ramahi v. Holder, 725 F.3d 1133, 1139 (9th Cir. 2013) (the responsibility to submit a timely asylum application exists regardless of when the alien is issued an NTA).
cited Cited as authority (rule) Eleazar Perez v. Merrick Garland
9th Cir. · 2021 · confidence medium
See 8 U.S.C. § 1158 (a)(2)(D); 8 C.F.R. § 1208.4 (a)(4)(i); Al Ramahi v. Holder, 725 F.3d 1133, 1135 (9th Cir. 2013).
discussed Cited as authority (rule) Juan Huante Martinez v. Robert Wilkinson (2×) also: Cited "see"
9th Cir. · 2021 · confidence medium
Petitioner’s application for asylum is untimely and substantial evidence supports the BIA’s determination that he did not demonstrate “extraordinary circumstances” excusing his delay. 8 U.S.C. § 1158 (a)(2)(B), (D); Al Ramahi v. Holder, 725 F.3d 1133, 1138 (9th Cir. 2013).1 Petitioner failed to provide any evidence beyond vaguely asserting before the BIA “that at an unknown time he spoke with an unknown person” who gave him incorrect advice on his eligibility for asylum, and thus he declined to file for asylum until fourteen years had passed after he entered the United States in 2…
examined Cited as authority (rule) Heriberto Raymundo v. William Barr (4×) also: Cited "see"
9th Cir. · 2020 · confidence medium
See 8 U.S.C. § 1158 (a)(2)(D); 8 C.F.R. § 1208.4 (a)(4)–(5); Al Ramahi v. Holder, 725 F.3d 1133, 1138 (9th Cir. 2013) (reviewing “reasonable period” determination for substantial evidence).2 Notwithstanding any limitation that the Notice to Appear (“NTA”) might have placed on his ability to apply for asylum, he has not accounted for the approximately 1 The BIA expressly incorporated the IJ’s opinion as to this issue.
discussed Cited as authority (rule) Jone Koli v. William Barr
9th Cir. · 2020 · confidence medium
Although we generally lack jurisdiction to review the denial of an asylum application as untimely, we retain jurisdiction to review constitutional claims or questions of law, including “questions involving the 1 Because the parties are familiar with the facts of this case, we restate them only to the extent necessary to explain our decision. 2 16-72789 application of statutes or regulations to undisputed facts.” Al Ramahi v. Holder, 725 F.3d 1133, 1138 (9th Cir. 2013) (citation omitted).
discussed Cited as authority (rule) Byron Diaz Escobar v. William Barr
9th Cir. · 2020 · confidence medium
Yet, even were we to grant that his age constituted an extraordinary circumstance, Diaz-Escobar filed his asylum application years after attaining adulthood, far beyond the “reasonable period” allowed by the regulations. 8 C.F.R. § 1208.4 (a)(5); Al Ramahi v. Holder, 725 F.3d 1133, 1135 (9th Cir. 2013) (concluding that a “reasonable period” is presumptively no more than six months). 2 With respect to Part 2, the Court also grants Diaz-Escobar’s petition in part and remands to the BIA because, in its view, the BIA failed “to consider directly relevant and credible evidence” of hi…
discussed Cited as authority (rule) Desideria Culanag v. William Barr
9th Cir. · 2019 · confidence medium
If so, the BIA may make an “individualized determination[]” of whether Culanag filed her asylum application within a reasonable period of time after these incidents, in light of “all the factual circumstances of the case.” Al Ramahi v. Holder, 725 F.3d 1133, 1135 (9th Cir. 2013) (citation omitted).
discussed Cited as authority (rule) Patrick Thiongo v. Jefferson Sessions
9th Cir. · 2018 · confidence medium
Yet Thiongo filed his application for asylum on November 17, 2011, 17 months after the beating, and has given no explanation for why taking 17 months from that incident to file the application was within a “reasonable period given the circumstances.” See Al Ramahi v. Holder, 725 F.3d 1133, 1135 (9th Cir. 2013) (noting that a “reasonable period” is usually within six months of the changed circumstance).
discussed Cited as authority (rule) Lihua Chen v. Jefferson Sessions
9th Cir. · 2018 · confidence medium
If extraordinary circumstances are established, Chen also “must then demonstrate that the asylum application was filed within a ‘reasonable period given those circumstances.’” Al Ramahi v. Holder, 725 F.3d 1133, 1135 (9th Cir. 2013) (quoting 8 C.F.R. § 1208.4 (a)(5)).
cited Cited as authority (rule) Juan Vasquez Pena v. Jefferson Sessions
9th Cir. · 2018 · confidence medium
Al Ramahi v. Holder, 725 F.3d 1133, 1134-35 (9th Cir. 2013); 8 U.S.C. §§ 1158 (a)(2)(B), (D).
discussed Cited as authority (rule) Walfredo Elpedes-Agudo v. Jefferson Sessions
9th Cir. · 2017 · confidence medium
See Correa-Rivera v. Holder, 706 F.3d 1128, 1131 (9th Cir. 2013) (appeals asserting ineffective assistance claims are effectively motions to reopen); Al Ramahi v. Holder, 725 F.3d 1133, 1138-39 (9th Cir. 2013) (no error in failing to find ineffective assistance in the absence of evidentiary support required by Matter of Lozada).
discussed Cited as authority (rule) Conrado Valenzuela-Abril v. Jefferson Sessions
9th Cir. · 2017 · confidence medium
See Correa-Rivera v. Holder, 706 F.3d 1128, 1131 (9th Cir. 2013) (“Appeals asserting ineffective assistance claims ... are effectively motions to reopen.”); Al Ramahi v. Holder, 725 F.3d 1133, 1138-39 (9th Cir. 2013) (no error in failing to find ineffective assistance in the absence of evidentiary support required by Matter of Lozada).
discussed Cited as authority (rule) Conrado Valenzuela-Abril v. Jefferson Sessions
9th Cir. · 2017 · confidence medium
See Correa-Rivera v. Holder, 706 F.3d 1128, 1131 (9th Cir. 2013) (“Appeals asserting ineffective assistance claims . . . are effectively motions to reopen.”); Al Ramahi v. Holder, 725 F.3d 1133, 1138-39 (9th Cir. 2013) (no error in failing to find ineffective assistance in the absence of evidentiary support required by Matter of Lozada).
discussed Cited as authority (rule) Shao Chen v. Loretta E. Lynch
9th Cir. · 2016 · confidence medium
We will uphold the BIA’s determination if it “is supported by reasonable, substantial, and probative evidence on the record considered as a whole.” Al Ramahi v. Holder, 725 F.3d 1133, 1138 (9th Cir.2013) (internal quotation marks omitted).
discussed Cited as authority (rule) Ricardo Ruvalcaba-Ortiz v. Loretta E. Lynch
9th Cir. · 2015 · confidence medium
Al Ramahi v. Holder, 725 F.3d 1133, 1138 (9th Cir.2013) (“We review the BIA’s determination for substantial evidence and will uphold its decision if it ‘is *677 supported by reasonable, substantial, and probative evidence on the record considered as a whole.’ We may reverse the BIA only ‘when the evidence in the record compels a reasonable factfinder to conclude that the [BIA’s] decision is incorrect.’ ” (alteration in original) (quoting Singh v. Holder, 656 F.3d 1047, 1051-52, 1056 (9th Cir.2011))).
cited Cited as authority (rule) Aguilar v. Lynch
9th Cir. · 2015 · confidence medium
See 8 C.F.R. § 1208.4 (a)(4), (5); Al Ramahi v. Holder, 725 F.3d 1133, 1138-39 (9th Cir.2013) (delay in filing was not reasonable under all the circumstances).
cited Cited as authority (rule) Luis Granadeno Molina v. Loretta E. Lynch
9th Cir. · 2015 · confidence medium
Al Ramahi v. Holder, 725 F.3d 1133, 1138 (9th Cir.2013).
discussed Cited as authority (rule) Fatma Malik v. Eric Holder, Jr.
9th Cir. · 2014 · confidence medium
In the absence of such evidence, we cannot conclude that the BIA’s determination was not “supported by reasonable, substantial, and probative evidence in the record as a whole.” Al-Ramahi v. Holder, 725 F.3d 1133, 1138 (9th Cir.2013) (internal quotation marks omitted). 2.
discussed Cited as authority (rule) Ventje Singkoh v. Eric Holder, Jr. (2×)
9th Cir. · 2013 · confidence medium
Although, as the BIA noted, Singkoh’s asylum filing was well beyond the presumptive six-month deadline after falling out of legal status, see Al Ramahi v. Holder, 725 F.3d 1133, 1135 (9th Cir.2013), we have held this factor is not by itself determinative, id. at 1138 ; see also Wakkary v. Holder, 558 F.3d 1049, 1057-58 (9th Cir. 2009).
discussed Cited "see" Jose Penado v. Todd Blanche
9th Cir. · 2026 · signal: see · confidence high
See Al Ramahi v. Holder, 725 F.3d 1133, 1135 (9th Cir. 2013) (recognizing that a delay six months or longer after the changed circumstance is ordinarily unreasonable).
discussed Cited "see" Garcia Xiloj v. Garland
9th Cir. · 2024 · signal: see · confidence high
See Al Ramahi v. Holder, 725 F.3d 1133, 1139 (9th Cir. 2013) (concluding that the need to seek legal assistance did not excuse the untimely filing).
discussed Cited "see" Valencia Aguero v. Garland (2×)
9th Cir. · 2023 · signal: see · confidence high
See Al Ramahi v. Holder, 725 F.3d 1133, 1139 (9th Cir. 2013) (concluding that the need to seek legal assistance did not excuse the untimely filing).
cited Cited "see" Bernice Sanchez v. Merrick Garland
9th Cir. · 2023 · signal: see · confidence high
See Al Ramahi v. Holder, 725 F.3d 1133 , 1138–39 (9th Cir. 2013).
discussed Cited "see" Jorge Herrera v. Merrick Garland (2×) also: Cited "see, e.g."
9th Cir. · 2022 · signal: see · confidence high
See Al Ramahi, 725 F.3d at 1138 (holding that the BIA’s determination on an untimely asylum application will be upheld if supported by “reasonable, substantial, and probative evidence on the record considered as a whole” (quotation omitted)).
cited Cited "see" Jesus Figueroa-Vasquez v. Merrick Garland
9th Cir. · 2021 · signal: see · confidence high
See Al Ramahi v. Holder, 725 F.3d 1133 , 2 15-71436 1138 (9th Cir. 2013) (reviewing “reasonable period” determination for substantial evidence).
cited Cited "see" Pin Dong v. William Barr
9th Cir. · 2020 · signal: see · confidence high
See Al Ramahi v. Holder, 725 F.3d 1133, 1138 (9th Cir. 2013) (applying the substantial evidence standard).
discussed Cited "see" Nelson Gonsalez Padilla v. William Barr
9th Cir. · 2020 · signal: see · confidence high
See Al Ramahi v. Holder, 725 F.3d 1133 , 1137–38 (9th Cir. 2013) (reviewing for substantial evidence).1 The evidence relied on by Padilla simply describes the conditions of Honduras and Guatemala and the generalized violence those countries experience.
discussed Cited "see" Esgardo Duarte-Frejo v. William Barr
9th Cir. · 2020 · signal: see · confidence high
See Al Ramahi v. Holder, 725 F.3d 1133, 1138-39 (9th Cir. 2013) (in the absence of evidentiary support required by Matter of Lozada, the BIA could reasonably conclude that it lacked a basis from which to analyze whether former counsel’s performance was deficient (citing Tamang v. Holder, 598 F.3d 1083, 1090-91 (9th Cir. 2010)).
cited Cited "see" Juan Bernabe v. William Barr
9th Cir. · 2020 · signal: see · confidence high
See Al Ramahi v. Holder, 725 F.3d 1133, 1138 (9th Cir. 2013) (applying substantial evidence standard).
discussed Cited "see" Qianpin Zheng v. William Barr
9th Cir. · 2019 · signal: see · confidence high
See Al Ramahi v. Holder, 725 F.3d 1133, 1135 (9th Cir. 2013) (noting that there is a presumption that waiting more than six months to file an asylum application is not reasonable).
discussed Cited "see" Center for Auto Safety v. Chrysler Group, LLC (2×)
9th Cir. · 2016 · signal: see · confidence high
See Al Ramahi v. Holder, 725 F.3d 1133 , 1138 n.2 (9th Cir. 2013) (noting that “[n]early all our sister circuits have rejected” our interpretation of the Real ID Act, but “in the absence of any intervening higher authority we are bound by” our prior opinion.).2 By intentionally disregarding the language “we have sometimes deployed,” Maj. op. at 9, the majority has flouted this most basic, fundamental principle.
cited Cited "see" Miaoyun Xia v. Eric Holder, Jr.
9th Cir. · 2014 · signal: see · confidence high
See Al Ramahi v. Holder, 725 F.3d 1133, 1138-39 (9th Cir.2013). 2.
discussed Cited "see, e.g." Sandoval Reyes v. Garland
9th Cir. · 2023 · signal: see also · confidence medium
See Budiono v. Lynch, 837 F.3d 1042, 1047 (9th Cir. 2016) (determining that pre-existing violence did not excuse the untimely filing); see also Al Ramahi v. Holder, 725 F.3d 1133, 1139 (9th Cir. 2013) (concluding that the need to seek legal assistance did not excuse the untimely filing). 1 Cancellation of removal is listed as discretionary relief.
discussed Cited "see, e.g." Jorge Pineda-Rojas v. Merrick Garland
9th Cir. · 2022 · signal: see also · confidence low
To be eligible for asylum, an asylum application must be filed within one year after the alien’s arrival in the United States. 8 U.S.C. § 1158 (a)(2)(B); see also Al Ramahi v. Holder, 725 F.3d 1133 , 1134–35 (9th Cir. 2013).
discussed Cited "see, e.g." Alexander Minasian v. Merrick Garland
9th Cir. · 2021 · signal: see also · confidence low
See 8 U.S.C. § 1158 (a)(2)(B); see also Al Ramahi v. Holder, 725 F.3d 1133 , 1134–35 (9th Cir. 2013) (applying substantial evidence standard and describing exceptions to one-year filing deadline: “changed circumstances” or “extraordinary circumstances”).
discussed Cited "see, e.g." Samiul Alim Lesum v. William P. Barr
8th Cir. · 2019 · signal: see also · confidence low
However, an applicant must still file the asylum application within a reasonable period of time following the expiration of lawful status." James v. Lynch , 627 F. App'x 511 , 514 (6th Cir. 2015) (citing 8 C.F.R. § 208.4 (a)(5)(iv) ); see also Al Ramahi v. Holder , 725 F.3d 1133 , 1135 (9th Cir. 2013) ; Vrljicak v. Holder , 700 F.3d 1060 , 1061 (7th Cir. 2012) ("In other words, an alien properly in the United States may request asylum during a 'reasonable' time after authorized status ends, even if the total time between entry and application exceeds one year."); Zhu v. Gonzales , 493 F.3d 58…
cited Cited "see, e.g." Ernesto Morales-Lopez v. Loretta E. Lynch
9th Cir. · 2016 · signal: see also · confidence medium
See id.; see also Al Ramahi v. Holder, 725 F.3d 1133, 1138-39 (9th Cir.2013) (delay in filing was not reasonable under all the circumstances).
cited Cited "see, e.g." ACEIJAS-QUIROZ
unknown court · 2014 · signal: see, e.g. · confidence low
See, e.g., Al Ramahi v. Holder, 725 F.3d 1133 , 1138 n.2 (9th Cir. 2013) (collecting cases).
Retrieving the full opinion text from the archive…
Osama Jamal Haroun AL RAMAHI; Nisreen Sami Al Sharif, Petitioners,
v.
Eric H. HOLDER, Jr., Attorney General, Respondent
12-70628.
Court of Appeals for the Ninth Circuit.
Aug 6, 2013.
725 F.3d 1133
Vicky Dobrin and Hilary Han (argued), Dobrin & Han, PC, Seattle, WA, for Petitioners., Stuart F. Delery, Acting Assistant Attorney General, Ernesto H. Molina, Jr., Assistant Director, Andrew N. O’Malley and Jeffery R. Leist (argued), Trial Attorneys, Office of Immigration Litigation, United States Department of Justice, Civil Division, Washington, D.C., for Respondent.
Gilman, Mekeown, Ikuta.
Cited by 53 opinions  |  Published  |  Agency
1 passage pin-cited by 1 case
Pinpoint authority: bottom 73%
Citer courts: Ninth Circuit (1)

OPINION

IKUTA, Circuit Judge:

Osama AI Ramahi and Nisreen AI Sharif petition for review of the decision by the Board of Immigration Appeals (BIA) that extraordinary circumstances do not excuse their untimely applications for asylum. We deny the petition because substantial evidence supports the BIA’s conclusion that, even assuming the petitioners could demonstrate extraordinary circumstances, they did not file their applications within a “reasonable period given those circumstances.” 8 C.F.R. § 1208.4(a)(5).

I

We begin by examining the statutory framework that governs the timeliness of asylum applications. To qualify for asylum, an alien must demonstrate by clear and convincing evidence that the alien’s application for asylum was “filed within 1[*1135] year after the date of the alien’s arrival in the United States.” 8 U.S.C. § 1158(a)(2)(B); see Ramadan v. Gonzales, 479 F.3d 646, 649 (9th Cir.2007) (per curiam). There is a statutory exception to this one-year filing deadline: an alien may file a late application by demonstrating to the satisfaction of the Attorney General either (1) “the existence of changed circumstances which materially affect the applicant’s eligibility for asylum” or (2) “extraordinary circumstances relating to the delay in filing.” 8 U.S.C. § 1158(a)(2)(D); see Ramadan, 479 F.3d at 649-50. The applicable regulations provide a non-exhaustive list of qualifying “extraordinary circumstances,” 8 C.F.R. § 1208.4(a)(5), which includes “maintain[ing] ... lawful immigrant or nonimmigrant status ... until a reasonable period before the filing of the asylum application.” 8 C.F.R. § 1208.4(a)(5)(iv); see also Wakkary v. Holder, 558 F.3d 1049, 1056 (9th Cir.2009).

If an alien successfully demonstrates the existence of extraordinary circumstances, the alien must then demonstrate that the asylum application was filed within a “reasonable period given those circumstances.” 8 C.F.R. § 1208.4(a)(5); see Singh v. Holder, 656 F.3d 1047, 1052 (9th Cir.2011). Therefore, an alien who claims the extraordinary circumstance of maintenance of lawful status, see § 1208.4(a)(5)(iv), must show that “his delay in filing was ‘reasonable under the circumstances,’ ” Wakkary, 558 F.3d at 1057, as “determined on the basis of all the factual circumstances of the case.” Husyev v. Mukasey, 528 F.3d 1172, 1182 (9th Cir.2008); see also Wakkary, 558 F.3d at 1058.

In evaluating the reasonableness of a delay in filing, we have looked for guidance to the Preamble to the final regulations governing asylum procedures. Husyev, 528 F.3d at 1181-82 & n. 4. The Preamble states:

Generally, the Department expects an asylum-seeker to apply as soon as possible after expiration of his or her valid status, and failure to do so will result in rejection of the asylum application. Clearly, waiting six months or longer after expiration or termination of status would not be considered reasonable. Shorter periods of time would be considered on a case-by-case basis, with the decision-maker taking into account the totality of the circumstances.

Asylum Procedures, 65 Fed.Reg. 76121 at 76123-24 (Dec. 6, 2000) (emphasis added). In other words, it is reasonable for an applicant “to apply as soon as possible after expiration” of the alien’s lawful status, and unreasonable to wait “six months or longer after expiration or termination of status.” Id. We have interpreted the Preamble to mean that a reasonable period of delay “ordinarily would not exceed six months,” Husyev, 528 F.3d at 1182, but that “a filing delay of less than six months after an applicant’s nonimmigrant status has expired is presumptively reasonable.” Singh, 656 F.3d at 1056. The presumptive six-month deadline does not “foreclose other reasonable periods, and exceptions thereto, that may be set out by the agency, nor [does it] preclude individualized determinations of reasonableness of delay.” Wakkary, 558 F.3d at 1058-59 (quoting Husyev, 528 F.3d at 1182 n. 4).

Therefore, in evaluating whether substantial evidence supports the BIA’s determination regarding the reasonableness of an alien’s delay in filing an asylum application, we consider all the factual circumstances of the case in light of the guidance provided by the Preamble. See Wakkary, 558 F.3d at 1058.

II

We turn now to the facts of this case. Al Ramahi and A1 Sharif, a married couple[*1136] from Jordan, testified that they came to the United States to escape persecution by Al Sharifs brothers. According to Al Sharifs testimony, her brothers opposed her marriage to Al Ramahi because he was an outsider, and as a result, the brothers refused to give Al Sharif her share of the inheritance from their father. When Al Sharif continued demanding her due, her brothers beat her and held her prisoner in the family home. Al Sharifs brothers eventually allowed her to travel to the United States, but only after she divorced Al Ramahi.

Al Sharif entered the United States on a visa on May 30, 2007, with authorization to stay until November 29, 2007. Al Ramahi soon followed, entering the United States on a visa on July 1, 2007, with authorization to stay until December 31, 2007. The petitioners had until May 30 and July 1, 2008 to file their asylum application, see 8 U.S.C. § 1158(a)(2)(B), but did not file until April 29, 2009, nearly two years after entering the United States.

The following relevant events occurred after the petitioners’ entry into the country. Once they were reunited in the United States, Al Sharif and Al Ramahi remarried. In September 2007, the petitioners’ son was born. In October or November 2007, Al Sharifs brothers discovered that Al Sharif had reunited with Al Ramahi in the United States. Shortly afterwards, the brothers visited the home of Al Ramahi’s family in Jordan and threatened to kill both Al Sharif and Al Ramahi. Al Ramahi learned about this incident from his brother. In December 2007, Al Ramahi met with an attorney, Bart Klein, to get information about their options for remaining in the country. Al Ramahi did not tell Klein about the persecution he and his wife had experienced, and Klein informed Al Ramahi that the couple was not eligible for asylum.

Al Ramahi continued to seek legal help. In January and February 2008, he called two phone numbers on a list of pro bono immigration attorneys. He called the first number twice and left a message each time, but no one returned his calls. No one answered when he called the second number, and he did not try again.

On July 2, 2008, a few weeks after Al Sharifs one-year deadline for filing for asylum had passed and a day after Al Ramahi’s deadline had passed, Al Ramahi met with a second lawyer, Stephanie Thorpe, and told her about their fear of persecution in Jordan. Thorpe advised Al Ramahi that asylum applications generally had to be filed within one year of entering the United States, but suggested that Al Ramahi could be eligible to file an untimely asylum application based on changed circumstances. She advised him to file as soon as possible. After speaking to Thorpe, Al Ramahi asked his parents for money to retain Thorpe’s law firm, but his parents could not help him financially.

Approximately one week later, on July 8, 2008, immigration officers visited the couple’s home, issued the couple Notices to Appear in immigration court, and detained Al Ramahi for six hours. After Al Ramahi’s release, a friend loaned him money to hire Thorpe’s firm, which began representing the couple. A few months later, in September 2008, the government filed the Notices to Appear with the immigration court, thus commencing proceedings. See Samayoa-Martinez v. Holder, 558 F.3d 897, 901 (9th Cir.2009).

In January 2009, Al Ramahi and Al Sharif filed a motion to advance their master calendar hearing so that they could file their asylum applications. The immigration judge (IJ) granted the motion, and the couple filed their applications for asylum at the April 20, 2009 hearing.

[*1137] The IJ ultimately rejected the petitioners’ asylum applications as untimely. Although the petitioners argued that their late filing should be excused due to changed and extraordinary circumstances, the IJ noted that the petitioners had submitted their applications “well beyond the one-year deadline set by the statute” and concluded that the petitioners had not demonstrated either changed or extraordinary circumstances. Nevertheless, the IJ determined that both petitioners qualified for withholding of removal and granted that relief. [1]

On appeal to the BIA, the petitioners pressed their argument that changed or extraordinary circumstances excused their untimeliness in filing their asylum applications. According to the petitioners, the threats received from Al Sharif s brothers in November 2007 constituted materially changed circumstances, and the lapse of their lawful status at the end of 2007 constituted extraordinary circumstances. Further, the petitioners argued that their delay in filing for asylum was reasonable given the deficient advice of Bart Klein, the responsibility of caring for a newborn baby, the difficulty in seeking legal advice, and the fact that the government served them with notices to appear in July 2008.

The BIA affirmed in a reasoned opinion. It assumed that the petitioners had experienced changed or extraordinary circumstances at the end of 2007 when their lawful status lapsed. Nevertheless, the BIA concluded that their asylum applications were untimely because the petitioners failed to meet their burden of showing that their applications were filed within a reasonable period. The BIA held that because petitioners had not met the procedural requirements for filing an ineffective assistance of counsel claim, see Matter of Lozada, 19 I. & N. Dec. 687 (BIA 1988), the IJ had no basis for assessing their claim, and thus they failed to establish that Klein’s deficient performance had caused their delay. The BIA also rejected petitioners’ argument that their difficulties in obtaining representation, financial problems, and being served with Notices to Appear, made their delay reasonable. Noting that exceptions to the one-year filing deadline were not meant to be granted after a year of delay except in rare cases, the BIA concluded that the petitioners’ two-year delay was not reasonable because it “was essentially one which they chose.” Al Ramahi and Al Sharif timely petitioned for review of this decision.

Ill

As a threshold matter, we must determine whether we have jurisdiction to consider Al Ramahi and Al Sharif s petition for review. The Immigration and Nationality Act provides that “[n]o court shall have jurisdiction to review any determination of the Attorney General” made pursuant to § 1158(a)(2), which includes the applicability of the “extraordinary circumstances” exception to the one-year filing deadline. 8 U.S.C. § 1158(a)(3); § 1158(a)(2)(D). On its face, this jurisdiction-stripping language would bar us from reviewing the BIA’s determination that the extraordinary circumstances exception is inapplicable in this ease. But we have concluded that we have authority to review such determinations under 8 U.S.C. § 1252(a)(2)(D), which preserves our jurisdiction over “constitutional claims or ques[*1138] tions of law raised upon a petition for review.” Ramadan, 479 F.3d at 650. We have held that “questions of law” encompass “questions involving the application of statutes or regulations to undisputed facts,” id., and therefore, that we may review the BIA’s application of the changed or extraordinary circumstances exception when the historical facts are undisputed, see id. 2

We review the BIA’s determination for substantial evidence and will uphold its decision if it “is supported by reasonable, substantial, and probative evidence on the record considered as a whole.” Singh, 656 F.3d at 1051, 1056 (internal quotation marks omitted). We may reverse the BIA only “when the evidence in the record compels a reasonable factfinder to conclude that the [BIA’s] decision is incorrect.” Id. at 1051-52 (internal quotation marks omitted).

We now turn to the question whether the BIA’s determination that A1 Ramahi and A1 Sharif failed to show they filed their asylum applications within a reasonable period of time was supported by substantial evidence. Beginning with the guidance provided by the Preamble, we note that A1 Ramahi and A1 Sharif filed their asylum applications more than fifteen months after the lapse of their lawful status in November and December 2007, far into the zone that “would not be considered reasonable” per the Preamble, 65 Fed.Reg. at 76123-24, and more than twice the presumptive six-month deadline we have previously recognized. See Singh, 656 F.3d at 1056. The guidance provided by the Preamble, therefore, supports the BIA’s determination.

We next consider the petitioners’ arguments about other factual circumstances relating to the reasonableness of their delay. Wakkary, 558 F.3d at 1058. According to the petitioners, their delay in filing asylum applications was reasonable because of various barriers they encountered after their lawful status elapsed, including deficient advice from Klein, their inability to retain other attorneys, and (once they did retain legal counsel) their inability to file asylum applications due to having been served Notices to Appear.

We disagree that these circumstances compel the conclusion that the petitioners’ delay in filing was reasonable. First, in the absence of the evidentiary support required by Lozada, the BIA could reasonably conclude that it lacked a basis from[*1139] which to analyze petitioners’ claim that Klein’s advice was deficient. See Tamang v. Holder, 598 F.3d 1083, 1090-91 (9th Cir.2010). Compliance with hozada ensures that the BIA has an objective basis “for assessing the substantial number of claims of ineffective assistance of counsel that come before [it].” Reyes v. Ashcroft, 358 F.3d 592, 596 (9th Cir.2004) (quoting hozada, 19 I. & N. Dec. at 639); see 8 C.F.R. § 1208.4(a)(5)(iii) (codifying hozada’s requirements). [3] Thus, the BIA did not err in holding that the petitioners failed to establish that Klein’s advice was deficient.

Petitioners argue that even if they failed to establish ineffective assistance of counsel, the BIA erred in not considering Klein’s advice as part of “all the factual circumstances of the case” that made then-delay in filing reasonable. Husyev, 528 F.3d at 1182. We disagree. The BIA considered the effect of Klein’s advice, along with other efforts by the petitioners to obtain legal representation and file their asylum applications, but concluded that all the factual circumstances were insufficient to carry the petitioners’ burden.

The BIA’s conclusion is supported by substantial evidence. A1 Ramahi’s attempt to contact two lawyers within a month after his discussions with Klein demonstrates that Klein’s advice did not discourage the petitioners from seeking further legal advice or a second opinion. Moreover, even after an attorney (Thorpe) informed them of the one-year deadline for asylum applications and urged them to file as soon as possible, they failed to do so. Although the petitioners claim they lacked the funds to hire Thorpe, the government correctly points out that the petitioners could have filed asylum applications themselves, sought pro bono counsel or other assistance, or contacted immigration authorities. Moreover, the petitioners were ultimately able to obtain the necessary funds to retain Thorpe’s firm.

Finally, the petitioners contend that the BIA failed to give sufficient weight to the effect of the service of Notices to Appear on their ability to file their asylum applications. Again, we disagree. The petitioners could have filed affirmative asylum applications with the Department of Homeland Security’s Asylum Office even after the government served them with Notices to Appear on July 8, 2008. Although the immigration court would have ultimately assumed jurisdiction over these applications, see 8 C.F.R. § 1208.2(b), the petitioners concede that nothing prevented them from filing such applications. Instead, the petitioners waited until January 2009 to take any concrete steps towards filing their applications.

In sum, considering all the factual circumstances of this case in light of the guidance provided by the Preamble, we are not compelled to reverse the BIA’s conclusion that the petitioners did not file their asylum applications within a reasonable period after the lapse of their lawful status in the United States. See INS v. Elias-Zacarias, 502 U.S. 478, 481 & n. 1,[*1140] 112 S.Ct. 812, 117 L.Ed.2d 38 (1992) (“To reverse the BIA finding we must find that the evidence not only supports that conclusion, but compels it.”).

PETITION DENIED.

1

. Because the IJ granted withholding of removal to Al Ramahi and Al Sharif, the government cannot remove them to Jordan so long as they remain eligible for that form of relief. 8 U.S.C. § 1231(b)(3)(A) (2006); Wakkary, 558 F.3d at 1053. Nevertheless, Al Ramahi and Al Sharif continue to seek asylum, which offers additional benefits. See Khunaverdiants v. Mukasey, 548 F.3d 760, 767 (9th Cir.2008).

2

. We are alone in interpreting the REAL ID Act to allow for such broad review in this area. Nearly all our sister circuits have rejected Ramadan's view that the REAL ID Act grants jurisdiction to review the BIA's application of the changed or extraordinary circumstances exception. They have concluded that the determination entails an unreviewable exercise of discretion or that "questions of law” does not include mixed questions of law and fact. See Lumataw v. Holder, 582 F.3d 78, 86 (1st Cir.2009); Sukwanputra v. Gonzales, 434 F.3d 627, 635 (3d Cir.2006); Gomis v. Holder, 571 F.3d 353, 358-59 (4th Cir.2009); Zhu v. Gonzales, 493 F.3d 588, 596 & n. 31 (5th Cir.2007); Almuhtaseb v. Gonzales, 453 F.3d 743, 747-48 (6th Cir.2006); Viracocha v. Mukasey, 518 F.3d 511, 515-16 (7th Cir.2008); Ignatova v. Gonzales, 430 F.3d 1209, 1214 (8th Cir.2005); Ferry v. Gonzales, 457 F.3d 1117, 1130 (10th Cir.2006); Chacon-Botero v. United States Att’y Gen., 427 F.3d 954, 956-57 (11th Cir.2005) (per curiam); see also Lin v. Holder, 610 F.3d 1093, 1098 (9th Cir.2010) (O’Scannlain, J., specially concurring) (collecting cases). While the Second Circuit has declined to "determine the precise outer limits of the term 'questions of law’ under the REAL ID Act,” Chen v. U.S. Dep’t of Justice, 471 F.3d 315, 328 (2d Cir.2006), it appears to have read that term more narrowly than we have. See id. at 328-29 & n. 7; Liu v. I.N.S., 508 F.3d 716, 721 & n. 3 (2d Cir.2007). But in the absence of any intervening higher authority we are bound by Ramadan. See Miller v. Gammie, 335 F.3d 889, 893 (9th Cir.2003) (en banc).

3

. 8 C.F.R. § 1208.4(a)(5)(iii) establishes that ineffective assistance of counsel can excuse an untimely asylum application so long as:

(A)The alien files an affidavit setting forth in detail the agreement that was entered into with counsel with respect to the actions to be taken and what representations counsel did or did not make to the respondent in this regard;
(B) The counsel whose integrity or competence is being impugned has been informed of the allegations leveled against him or her and given an opportunity to respond; and
(C) The alien indicates whether a complaint has been filed with appropriate disciplinary authorities with respect to any violation of counsel’s ethical or legal responsibilities, and if not, why not[J