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Court has held that the statute is not ambiguous and that its plain wording does not require a noncitizen to maintain his asylum status to apply for adjustment of status under INA §209(b), and vacated the BIA’s decision ordering removal.
How to apply for political asylum
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Motion to Reopen granted. Client received asylum over 10 years ago, but left U.S. prior to adjusting status. Returned on Visitor Visa and removal proceedings were instituted. Client received deportation order in absentia. Afraid to go back to home country. MTR granted giving an opportunity to fight case and reinstate and/or reapply for Asylum.
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In absentia MTR granted by IJ Fong. NTA was sent to Client’s address listed on his I-589 more than 4 years after he applied for asylum but he was no longer living at that address. Motion granted based on Client’s declaration, daughter’s declaration and utility bills showing a change of address. According to IJ Order, the NTA and Notice of Hearing were also “returned to sender.”
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Getting Asylum from the Philippines
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The basics of applying for Asylum – Avvo.com http://ping.fm/GNDE3
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Denial of application for asylum was not error because substantial evidence supported conclusion by immigration judge and Board of Immigration Appeals that harassment of South Vietnamese refugees in Italy by unknown assailants–which petitioners attributed to communists–was not committed either by the Italian government or by forces that government was unable or unwilling to control.
Truong v. Holder
People seeking asylum into the U.S
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Immigration Lawyer
Brian D. Lerner Immigration Attorney & Deportation Lawyer Blog 