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.
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