If an asylum seeker makes a defensive application for asylum, the application will be decided by an Immigration Judge. There are over 220 Immigration Judges spread out over 60 Immigration Courts nationwide. The job of an Immigration Judge is to oversee removal (deportation) proceedings.
Immigration Judges are appointed through a nonpolitical process that is based on their experience and knowledge in immigration law. An Immigration Judge cannot be fired, disciplined or given a pay cut because of the decisions made. The Immigration Judge can grant asylum even if the government officers believe a person is not eligible for asylum. This system helps to ensure that the Immigration Judge does whatever is fair.
Any noncitizen in the United States may not be deported without having his or her day in court. The first time an asylum seeker goes to court it is called Master Hearing. In a Master Hearing, the Immigration Judge determines whether or not there is a possible form of relief available.
At times, the Judge can detain the asylum seeker with or without the possibility of bail. Most times, it is possible to qualify for immigration bail bonds and get out of custody for 15% or less of the total bail amount.
If an asylum seeker says he or she wishes to apply for asylum at the Master Hearing, then the Immigration Judge will schedule an Individual Hearing. Because of backlogs and too few Immigration Judges, it can take a year or more to have an Individual Hearing. The Individual Hearing is like a trial, with witnesses and evidence. After the Individual Hearing the Judge will issue a decision.
If the Immigration Judge denies the asylum application, an asylum applicant can appeal to an agency called the Board of Immigration Appeals (BIA). If the BIA does not overturn the Immigration Judge’s decision, the asylum seeker can appeal to Federal Court.
Get help with your asylum application!
The U.S. asylum process is very complicated, so the best chance of success comes by working with an experienced asylum attorney. At New York Human Rights Commttee, we are highly experienced in US asylum law. We have helped people from all over the world fleeing persecution to gain asylum in the US. Our attorneys, translators and support staff will work with you individually to give you the best chance of success possible. We know how difficult and heart wrenching the asylum process can be, and we will be with you every step of the way.
Immigrating to the USA can provide a new future for you and for your family. Give them the opportunity to grow up in a country free from religious and political persecution. Call the Asylum lawyers at the New York Human Rights Committee toll free today at: +1 (800) 560-1768.