Do you really think that I spend hours researching responses to posts when single example can show that the basis for the post I'm responding to is flawed?
Indeed, their options on appealing are limited to applying to have the ex parte order set aside and their position returned to that which it was prior to the ex parte order being made. It's also true that the setting aside of the ex parte removal order does NOT grant their original request.
So what?
The "assumption" is NOT that they didn't get around to applying but rather that they ended up subject to an ex parte removal order because they did not receive proper notice. Those who DID receive proper notice have a failure rate on applications to have their ex parte removal order set aside that runs so close to 100% that it isn't funny (absent situations where they can establish that it was not possible for them to attend the scheduled hearing)
You might want to take note of the fact that the laws of the United States of America are NOT as you believe them to be. In fact
Well, at least that is the law of the United States of America if you can believe the bunch of whackos who run that left-wing, liberal, socialist, pinko, commie, website, it is.
Indeed they CAN, but they are NOT required to do so. There is nothing in the laws of the United States of America which says "If someone had a chance to apply for asylum in some other country, they are NOT allowed to apply for asylum in the United States of America.".
What the laws of the United States of America DO say is that "If someone reaches the United States of America, then they ARE allowed to apply for asylum in the United States of America." and "All applications for asylum in the United States of America shall be considered and granted/rejected according to the laws of the United States of America."
If you want to make it a "disqualifier" for gaining asylum in the United States of America that the person had applied for asylum in some other country (even if that application HAD been rejected) or if they COULD have applied for asylum to some other country (even if that application would have been rejected), then the simply (and legally correct) way of proceeding would be to change the laws of the United States of America.
Until that happens, then the simple (and legally correct) way of proceeding would be to follow the actual laws of the United States of America.
With the caveat on the "within one year of your arrival" (which I'd be willing to interpret as "within 30 days of the expiry of your visa or your arrival, whichever comes last"), indeed we are in agreement on that point.