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CA6 Finds IJ Has Authority to Determine Frivolousness of a Time-Barred Asylum Application

Posted on March 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

The court finds that Immigration Judges have the authority to make a frivolousness finding in the context of a time-barred asylum application. The court denies the petition for review. (Ghazali v. Holder, 10/29/09).

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Changes regarding Information on Immigration Asylum Policies and Issues

Posted on March 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Changes were made regarding current policy procedure. Central Florida Chapter met with EOIR on 10/01/09 to discuss current policies and information; immigration asylum clock issues and updated information on office location and policies.

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Information regarding Asylum, Refugee and Relative petitions to the US to be offered by the Government

Posted on March 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

In an effort to clarify regulations for those applying for Asylum in the US, the USCIS issued an information collection request on Form I-730, Refugee/Asylee Relative Petition.

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Circuit Court of Appeal Reverses BIA denial of Asylum

Posted on March 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Immigration Law-
Where petitioner was threatened, harassed, fined, detained, and beaten because he opposed systemic government corruption perpetrated by a powerful politician and government official, including the extortion of bribes, the Board of Immigration Appeals erred in concluding that he was ineligible for asylum for failing to establish a nexus between his mistreatment and a protected ground under 8 U.S.C. Section 1101(a)(42)(A) because petitioner’s whistleblowing activity–including filing a complaint with a judge, organizing fellow business owners to fight the extortion, and holding several rallies and strikes to publicize the corruption–qualified as political opinion, and a reasonable factfinder would be compelled to conclude that petitioner was mistreated, at least in part, because of his whistleblowing activity. BIA erred in concluding that “criminal misconduct,” rather than foreign government, was the source of petitioner’s mistreatment where evidence showed petitioner was mistreated by the militia, national security service officers, the tax authority and criminal investigators, and BIA was required on remand to determine whether the harm petitioner suffered rose to the level of persecution. Where petitioner established nexus and was entitled to new determination whether he was eligible for asylum, he was also entitled to new determination on withholding of removal.
Baghdasaryan v. Holder – filed January 13, 2010
Cite as 05-72416

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Asylum Case

Posted on March 2, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Asylum Case – Immigration – Avvo.com http://ping.fm/YBhuG

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United Nations High Commissioner for Refugees

Posted on February 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

“The Office of the United Nations High Commissioner for Refugees was established on December 14, 1950 by the United Nations General Assembly. The agency is mandated to lead and co-ordinate international action to protect refugees and resolve refugee problems worldwide. Its primary purpose is to safeguard the rights and well-being of refugees. It strives to ensure that everyone can exercise the right to seek asylum and find safe refuge in another State, with the option to return home voluntarily, integrate locally or to resettle in a third country. It also has a mandate to help stateless people.

In more than five decades, the agency has helped tens of millions of people restart their lives. Today, a staff of some 6,600 people in more than 110 countries continues to help about 34 million persons.”

Taken from the Official UNHCR Web Site.

Bureau of population refugees and migration

Form I-131 for a refugee travel document

Refugee and immigration

New update to be released regarding a refugee placement program from such countries 

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Asylum: Other Issues

Posted on February 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney
Can I Travel Outside the United States?

If you are applying for asylum and you want to travel outside the United States, you must receive advance permission before you leave the United States in order to return to the United States. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the BCIS and you may not be permitted to return to the United States. If your application for asylum is approved, you may apply for a Refugee Travel Document. This document will allow you to travel abroad and return to the United States. For more information, see How Do I Get a Travel Document?.

Will I Get a Work Permit?

Asylum applicants can not apply for employment authorization at the same time they apply for asylum. Rather, you must wait 150 days after the BCIS receives a complete application before you can apply for employment authorization. The BCIS has 30 days to either grant or deny your request for employment. Please see How Do I Get a Work Permit? for more information.

How Can I Find Out About the Status of My Application?

Please contact the BCIS Asylum Office that received your application. You should be prepared to provide the BCIS staff with specific information about your application. Please click here for complete instructions on checking the status of your application. Click here for information on BCIS offices.

How Can I Appeal?

Applicants will be interviewed by an Asylum Officer or an Immigration Judge. The Asylum Officer will either approve your application or refer it to an Immigration Judge for a final decision. If the Immigration Judge denies your asylum application, you will receive a letter telling you how to appeal the decision. Generally, you may appeal within 33 days of receiving the denial. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C.

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How to Apply for Asylum?

Posted on February 15, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

To be eligible for asylum in the United States, you must ask for asylum at a port-of-entry (airport, seaport or border crossing), or file an application within one year of your arrival in the United States. You may ask later than one year if conditions in your country have changed or if your personal circumstances have changed within the past year prior to your asking for asylum, and those changes of circumstances affected your eligibility for asylum. You may also be excused from the one year deadline if extraordinary circumstance prevented you from filing within the one year period after your arrival, so long as you apply within a reasonable time given those circumstances. You may apply for asylum regardless of your immigration status, meaning that you may apply even if you are illegally in the United States.

In addition, you must qualify for asylum under the definition of “refugee.” Your eligibility will be based on information you provide on your application and during an interview with an Asylum Officer or Immigration Judge. If you have been placed in removal (deportation) proceedings in Immigration Court, an Immigration Judge will hear and decide your case. If you have not been placed in removal proceedings and apply with the BCIS , an Asylum Officer will interview you and decide whether you are eligible for asylum. Asylum Officers will grant asylum, deny asylum or refer the case to an Immigration Judge for a final decision. If an Asylum Officer finds that you are not eligible for asylum and you are in the United States illegally, the Asylum Officer will place you in removal proceedings and refer your application to an Immigration Judge for a final decision. Immigration Judges also decide on removal if an applicant is found ineligible for asylum and is illegally in the United States. If you are in valid immigrant or nonimmigrant status and the Asylum Officer finds that you are not eligible for asylum, the Asylum Officer will send you a notice explaining that the BCIS intends to deny your request for asylum. You will be given an opportunity to respond to that notice before a decision is made on your application.

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What is the United States Asylum Program and Who Benefits?

Posted on February 10, 2010 by Brian D. Lerner, Immigration Lawyer & Deportation Attorney

Asylum may be granted to people who are already in the United States and are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. If you are granted asylum, you will be allowed to live and work in the United States. You also will be able to apply for permanent resident status one year after you are granted asylum.

You may include your spouse and any unmarried children under the age of 21 in your own asylum application if your spouse or children are in the United States.

Asylum status and refugee status are closely related. They differ only in the place where a person asks for the status asylum is asked for in the United States; refugee status is asked for outside of the United States. However, all people who are granted asylum must meet the definition of a refugee. If you will apply outside the United States, please see How Do I Get Resettled in the United States as a Refugee?. If you do not qualify for asylum, but fear being tortured upon returning to your homeland, you can apply for consideration under the Torture Convention.

Asylum

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Get a California deportation attorney to help you file asylum

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