GTHOMAS
Sat, Dec 15, 2018

Credibility Determinations

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

Do you know that an Immigration Judge can deny your case, and find you not credible based on significant similarities between statements submitted by applicants in different proceedings.    For example, if an Immigration Judge remembers a case heard before his bench previously, and if your declaration is the mirror image of such prior application of another individual and/or has many similarities, the IJ can question your credibility.  Thus, make sure you consult with an experienced attorney when you prepare your asylum application.  

Asylum Seekers

User Rating: 5 / 5

Star ActiveStar ActiveStar ActiveStar ActiveStar Active

An application for asylum must include all factual basis for relief.  Did you know if you seek protection based on a protected ground and later, you amend your asylum, to include new factual grounds for basis of your fear, this application could be deemed untimely?  The Board of Immigration Appeals has just held, in Matter of M-A-F, 26 I&N Dec. 651 (BIA (2015) that any supplements or amendments to an asylum application which includes new factual basis for relief, would be deemed a  “new” application, and such application could be deemed untimely.  Thus, it is very imperative that you include all possible claims of your relief, when you file your initial application with the Asylum Office.  For assistance ensuring you have listed all claims of relief, seek the advice of an experienced, licensed attorney.

Failure to Prosecute

User Rating: 0 / 5

Star InactiveStar InactiveStar InactiveStar InactiveStar Inactive

Recently, we have been witnessing errors in properly filing the Notice to Appear, which is called the (NTA) with the Immigration Courts.   Such delay is stemming from the agency (USCIS)(Asylum Offices) to properly file the charging document at the Court. Such error is called “failure to prosecute” and it divests the Immigration Courts from having the right to hear the case.

Did You Know?

User Rating: 5 / 5

Star ActiveStar ActiveStar ActiveStar ActiveStar Active

You are entitled to a copy of your alien file that is in the government’s possession.  The Ninth Circuit has held in Dent v. Holder, 627 F.3d 365 (9th Cir. 2010), that if you are in proceedings, and you are contesting your removal, the government must give you the documents pertaining to your admission, that are in your A-file, as long as they are not classified. You can also request these documents through the Freedom of Information Act (FOIA), but these requests can take several months to process.  It is important for you, and your attorney, to be aware of what the government has in your file.

Delay at the immigration courts

User Rating: 4 / 5

Star ActiveStar ActiveStar ActiveStar ActiveStar Inactive

Due to the crisis of the unaccompanied minors and the need to swiftly adjudicate their cases, there is tremendous delay at the Immigration Courts around the US, The Executive Office for Immigration Review have delayed many hearings because of shortage of staff from both clerks and Immigration Judges. Clerks at the Courts are inundated with work. People with pending cases before the Immigration Courts have to be patient, secure in the knowledge, that this backlog will eventually be cleared. When it is, their case will get its turn.  

The Backlog Extends to USCIS

User Rating: 5 / 5

Star ActiveStar ActiveStar ActiveStar ActiveStar Active

The backlog that has been felt by both the Asylum Offices in the US and the Immigration Courts have now extended to USCIS offices.  Now, we are witnessing for the first time that USCIS is processing applications beyond their normal processing times.  Moreover, we are witnessing that USCIS is now receiving applications without providing receipts or fingerprints.  The system is now broken.  Who do we blame? The volume of applications, the lack of funding, the lack of sufficient manpower to handle the crisis or ALL. 

Asylum is extended to women subjected to domestic violence in their home countries

User Rating: 5 / 5

Star ActiveStar ActiveStar ActiveStar ActiveStar Active

In a precedential decision by the Board of Immigration Appeals (BIA or Board), women who are subjected to domestic violence have finally been recognized as a particular social group that merits asylum protection laws in the United States.

Read more: Asylum is extended to women subjected to domestic violence in their home countries

Helpful U.S. Immigration Links

uscisLogo
Here you will find many helpful links to the U.S. Department of Homeland Security Citizenship & Immigration Services.