What to Do if your Asylum Case is Denied

What to Do if your Asylum Case is Denied

One option if the immigration court denies your asylum case is to request to reopen your case. In a motion to reopen, you are asking the immigration court to hear your case again and receive more evidence. You cannot request that the immigration court reopen your case unless you have new or different evidence to present to the court. If the court approves your request to reopen, it will schedule your case for another hearing so that you can present the new evidence. Keep in mind, however, that requesting your case to be reopened does not necessarily mean that you will win your asylum case. You also cannot use a request to reopen to indefinitely postpone your removal proceedings. Another option if your asylum case is denied is to appeal the judge’s decisions to the Board of Immigration Appeals (BIA). You must file your appeal, along with the required fee, within 30 days of the immigration judge’s decision. In your appeal, you must list all of the specific reasons that you are requesting an appeal. Your appeal will also need a detailed brief that explains why the judge’s decision was wrong and how immigration laws support your case. If you don’t comply with these deadlines and requirements, the BIA is likely to dismiss your appeal without considering it. The BIA, which is located just outside of Washington D.C., will review your appeal. If either you or the government requests it, the BIA may hold an oral argument, which means both sides will get to speak directly to the BIA about your appeal. It can take anywhere from six months to a year before you receive a decision from the BIA on your appeal. The BIA can deny your appeal, reverse the immigration judge’s decision, or send your case back to the immigration judge, along with instructions about how he or she should handle the case. If the BIA rejects your appeal, you can further appeal your asylum claim to U.S. Circuit Court of Appeals. Filing a claim with the federal appellate court system has strict deadlines and requirements, as does an appeal filed with the BIA. The deportation defense lawyers of Landerholm Immigration, A.P.C. know how to handle asylum claims on behalf of individuals who have been charged with removal. The mere thought of being forced to return to a country where you and your family undoubtedly would face persecution can be horrifying. Our goal is to avoid this possibility at all costs. At Landerholm Immigration, A.P.C., we are here for you and your family throughout any and all removal proceedings in which you are implicated. Contact our office today and schedule a free consultation about your risk of removal and whether an asylum claim is appropriate for your case. Para Espanol haz click aqui!
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