What Are Your Options Following Denial of Your Asylum Application?

If an immigration judge denies your asylum application, you have three options: (1) accept the decision, (2) request that your case be reopened, or (3) appeal the decision to the Board of Immigration Appeals (BIA). If you accept the immigration judge’s decision, removal proceedings will continue against you and, in all likelihood, you will be returned to your native country. On the other hand, requesting to reopen the case or appealing to the Board of Immigration Appeals are possibilities, but require strict compliance with immigration laws and procedures.

Requesting to Reopen Your Asylum Case

A request to reopen is what the name implies: you are requesting the court to call your case again and hear or receive more evidence. To qualify for reopening, you must demonstrate that you have new or different evidence. If you cannot show that the evidence is new, your request to reopen will be denied. If your request is approved, then your case will be set for another hearing where you will have the opportunity to present the additional information.

An immigration judge will not allow you to delay removal proceedings by continuously reopening your case. Make sure that you have your evidence together to present when your request to reopen is approved. Reopening does not guarantee that the immigration judge will approve your asylum request. If your request is denied, you still have the option of appealing the immigration judge’s decision.

Appealing an Asylum Decision to the Board of Immigration Appeals

An immigration judge’s decision is discretionary, which means that it is sometimes difficult to win an appeal. However, appeals to the BIA can be a successful avenue for reversing or undoing the immigration judge’s decision. To perfect your appeal, you must first have standing to do so, which basically means that only you can appeal your decision. You cannot appeal someone else’s decision for them, and vice versa.

If you have standing, your next step is to submit a notice of appeal. This notice must be filed within 30 days of your receipt of the immigration judge’s decision. Your notice of appeal should include a specific list of reasons you are requesting an appeal. One example of a valid reason for appealing could be that the immigration judge used the wrong test for determining whether you had a credible fear of persecution. Your notice should also include a legal brief explaining your reasons in more detail and citing to the appropriate immigration laws for support.

You will also be required to pay a fee for your appeal; however, you can request a waiver of the fee if you are indigent. Additionally, failure to comply with the basic timelines or filing requirements can result in your appeal being dismissed without any real consideration.

Your appeal from an immigration judge will go to the BIA in Washington. The BIA will review your appeal and may accept oral arguments if either side requests the additional opportunity to be heard. The BIA will return a decision on the appeal anywhere from six months to a year after the time of filing. The BIA might reverse the immigration judge’s decision, or it may remand the case back to the immigration judge for further consideration, with instructions on how the immigration judge should handle a particular issue. If the BIA rejects your appeal, you can appeal to yet another level – the U.S. Circuit Court of Appeals – which utilizes similar deadlines and requirements.

Immigration law is an overlap of statutes and administrative codes. Missing a requirement under either can result in a forfeiture of your appellate rights. If you have questions about how to perfect your appeal, contact an experienced immigration lawyer to help you through the process.

Case Studies: Navigating Options After Denial of Your Asylum Application

Case Study 1: Requesting Reopening of an Asylum Case

John, an asylum applicant, receives a denial of his asylum application from an immigration judge. Devastated by the decision, he decides to explore his options. With the help of his attorney, John determines that he has new evidence to present that could support his asylum claim. He requests to reopen his case, citing the new evidence. John’s attorney assists him in compiling and organizing the evidence, including affidavits and country condition reports.

John’s legal fees and expenses are covered by his legal expense insurance policy from SecureLaw Insurance, which provides coverage for immigration-related matters. This insurance coverage allows John to pursue the reopening of his case without the burden of significant financial costs.

Case Study 2: Appealing an Asylum Decision to The Board of Immigration Appeals

Maria’s asylum application is denied by an immigration judge, but she believes there were errors in the judge’s decision. She decides to appeal the decision to the Board of Immigration Appeals (BIA). Maria’s attorney assists her in preparing the notice of appeal, outlining the specific reasons for the appeal and providing a legal brief supporting her arguments.

Maria’s appeal is accompanied by a request for a fee waiver, as she is unable to afford the appeal filing fee. Her fee waiver request is granted. Maria has professional liability insurance from TrustShield Insurance, which includes coverage for appeals in immigration cases. This insurance coverage ensures that Maria’s legal expenses, including the costs associated with the appeal, are covered, allowing her to pursue her case without financial constraints.

Case Study 3: Accepting the Decision and Exploring Alternative Immigration Options

After receiving a denial of his asylum application, Carlos consults with an immigration attorney to explore his options. Despite the denial, Carlos learns that he may be eligible for other forms of relief, such as withholding of removal or protection under the Convention Against Torture (CAT). However, pursuing these alternatives would require presenting a strong case with substantial evidence. Carlos’s attorney advises him to consider the possibility of applying for a U visa, which is available to victims of certain crimes who have cooperated with law enforcement.

This would require demonstrating his eligibility and providing evidence of his cooperation. Carlos’s attorney contacts SecureShield Insurance, his immigration insurance provider, to confirm coverage for the U visa application process. With the assurance of coverage, Carlos decides to pursue the U visa option, leveraging the insurance benefits to cover the associated legal costs and increase his chances of success.