If you have come to the United States seeking political asylum through CBP-one, you may be required to appear in immigration court. However, simply being pre-processed by CBP-one does not guarantee asylum; instead, you will be granted parole, a temporary permit that typically lasts one to two years.
During this time, it is crucial to process your asylum case in immigration court. Do you want to know the steps you need to take to successfully process your political asylum case in immigration court? Are you wondering how to maximize your chances of winning your asylum case? Look no further than this article, we'll guide you through the process.
Keep reading to discover the information you need to succeed.
What is an asylum application in the EOIR?
An asylum application in the EOIR refers to a legal process in which the Office for Immigration Review (EOIR)), also known as the immigration court, determines whether a foreign citizen can obtain legal benefits including political asylum.
This type of asylum is called defensive asylum, which applies to most cases of people who have entered with an appointment from the App CBP One. Newly arrived immigrants to the United States receive a Notice to Appear (NTA) the day they cross the border. This NTA serves as a notification to appear before the immigration court and present arguments for requesting political asylum.
What is a Notice to Appear?
If you are facing deportation or removal proceedings in the United States, paying attention to the Notice to Appear (NTA) you receive from the government is crucial. The NTA is a legal document that contains important information, including your Alien Number and the date and time of your first hearing in immigration court.
To avoid any errors, it is critical to confirm the information on your NTA as soon as possible on the website of ACIS. Failing to attend your immigration court hearing can lead to imprisonment and deportation. Therefore, it is recommended that you register your case as soon as possible at https://acis.eoir.justice.gov/es/ with your alien number.
Moreover, you must check your status weekly to stay informed about any changes in new judicial processes or the dates of your upcoming hearings. If you have an updated NTA, it is important to schedule your appointment for the immigration court hearing during the time your permit is valid for probation. If you do not do so, you may face deportation.
What does a preliminary hearing mean?
The preliminary hearing is an important step in the immigration court process. It is the first hearing you will attend after your appointment is scheduled. During this hearing, the judge will inform you about your rights and the charges against you.
It is important to attend the preliminary hearing because the judge will also set the next date for your hearing. No final decisions were made during this hearing, but it is crucial to attend so you can understand the charges and deadlines for the next steps. Additionally, attending the preliminary hearing will allow you to present your case properly in future courts.
Am I at risk of deportation during the preliminary hearing?
There's no need to fear attending your hearings. Deportation won't occur on your court date. Even if a deportation order were issued, there would still be time for an appeal process and the application for other resources.
However, failing to attend the appointment can lead directly to deportation by absence, which is quite challenging to remedy. You can have multiple preliminary hearings before being granted the "individual hearing" or "meritorious," and it's crucial not to miss any of them under any circumstances.
Should I consider hiring an attorney for my political asylum case?
While not mandatory, it is advisable to secure legal services from the outset of the asylum process. You can confidently attend the preliminary hearing without legal assistance since it's a straightforward procedure. However, for subsequent court appearances, it's vital to have an attorney to help prepare your asylum case application.
Winning an asylum case in immigration court can be highly challenging without legal support. On the other hand, if you've missed your court date and need to request a motion for a new court appearance, legal assistance is undoubtedly necessary. These cases are rather intricate as the judge scrutinizes the arguments you present to justify your absence from court.
How do I keep tabs on my immigration hearings?
For ongoing monitoring of your appointments, it's essential to check your case status weekly within the immigration court system to stay updated on the date and time of your upcoming hearings. Confirm these details diligently to avoid missing your appointment with the judge. Even if you're aware of your initial hearing date, it's crucial to regularly inspect the court system since dates may change.
You can track your court date case through three methods:
- Utilize Legal Radar, accessible at https://www.inmigreat.com/, for automatic mobile tracking.
Legal Radar provides a comprehensive solution for the continuous monitoring of your immigration status, especially if you entered the country under the I-220A category or the CBP One program. This application automatically updates your court appointment tracking with ICE, ISAP, or USCIS every week. Some of the benefits include:
- Automatic Notifications: Legal Radar ensures you stay informed with instant alerts regarding any alterations in your situation.
- Time Efficiency: The application takes on the tedious task of perpetual status monitoring, saving you time and effort.
- Unique and Accessible Service: Legal Radar stands as the sole application in the market offering this level of immigration status monitoring, and it comes with a monthly fee of just $3.99.
Alternatively, you can:
- 2. Monitor your asylum application online weekly by visiting the EOIR website at https://acis.eoir.justice.gov/es/.
- 3. Make a weekly call to the EOIR automated line at 1-800-898-7180.
What is the individual or merit hearing?
After attending all necessary preliminary hearings, the judge will grant you an individual hearing, also known as a merit hearing. This is where you can tell your story and explain why you need asylum. You must present evidence such as documents and witnesses to support your case.
At this hearing, there will only be you, the judge, the judge's secretary, the prosecutor, an interpreter if necessary, and the people you invite. Everything that is discussed in that room is confidential. The judge and prosecutor may ask you questions as you present your case, and the prosecutor will give arguments about why you should not get asylum. The judge will decide whether to grant you asylum based on this hearing.
What Happens When Your Case Is Closed in Immigration Court?
Receiving a notice that your immigration case has been closed may seem like a relief from the risk of deportation. However, it's crucial to understand that this doesn't necessarily mark the end of the entire process.
Let's explore the various types of case closures in immigration court:
- Permanent Closure: If your notice indicates "Permanent Closure," means that your case has reached its conclusion.
There are several reasons why a judge may opt for permanent closure. This can include significant errors in government documents, the approval of your asylum application, or an agreement with the government attorney to conclude the case. In such instances, the likelihood of facing a similar case in the future is low.
- Administrative Closure: On the other hand, "Administrative Closure" suggests that your case is temporarily on hold, without a resolution to your immigration status but without the imminent risk of deportation.
Administrative closures are typically employed to provide more time for filing another application with USCIS or to await an immigration change that may result in a legal benefit. Immigration judges frequently utilize administrative closure as a strategy to manage their caseload effectively.
- Dismissed Case: In cases designated as a "Dismissed Case," it means that your case is closed without any decision being made.
An immigration judge may dismiss an asylum seeker's case if they determine that the applicant lacks a credible fear of persecution. This could occur due to insufficient evidence demonstrating a credible fear or if the judge deems the applicant insincere in their application.
Additionally, cases may be dismissed due to non-appearance, particularly when Customs and Border Protection (CBP) officers failed to present the Notices to Appear (NTAs) to the Court in 2022, resulting in a notable increase in deportations from dismissed cases.
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What Happens if My Political Asylum Request Is Denied in Immigration Court?
Following the individual hearing in immigration court, the judge will determine your asylum application. You will be notified of this decision either during the hearing or through mail. If your asylum application is approved, you and your family members applying together can be granted asylum.
However, it's crucial to note that the government has the option to appeal the judge's decision to the Board of Immigration Appeals (BIA) if they see fit. Similarly, if the judge denies your asylum request, you have the right to file an appeal with the BIA. Regardless of the outcome, you must submit your appeal within 30 days of the decision.
Therefore, it's essential to remain vigilant and continue monitoring your court proceedings even up to 30 days after the judge's decision, in case an appeal from the government arises.
Conclusions
In brief, the immigration court process involves several stages, from receiving the Notice to Appear, attending the preliminary hearing, to the individual hearing. Timely attendance at all appointments is vital to avoid legal repercussions and pursue political asylum in the United States.
Even if asylum is not granted, there are alternative legal options available. You can file an appeal with the BIA or request a judicial review of the decision in federal court. Additionally, you may explore options such as deportation withholding or cancellation of deportation if you meet the eligibility criteria. We will delve into these alternative pathways in future articles.
