I’m making this video to address a question I get all the time: what can you do if you go all the way to immigration court with your asylum case and the judge says no, and denies it?
Today we gonna talk about the asylum case. What should you do if your asylum case is rejected? Is this the end of your immigration story? Can you find another way to legalize? How do immigration courts work? And who can help you with this long and difficult process?
00:00 What can you do if a judge denied your asylum case?
00:45 About us.
01:22 The first step – make an appeal.
03:32 The second step – submit a brief.
04:04 Why did the judge deny your case?
04:49 Second reason
05:42 Third reason
06:20 How long does it take to appeal?
06:33 What happens if you win an appeal?
06:45 What happens if you lose an appeal?
07:36 One important idea
Shepelsky Law Group
Immigration Lawyers
Tel: (718) 769-6352
WHATSAPP https://wa.me/17186793131
NO LEGAL ADVICE IS OFFERED IN THIS VIDEO OR IN THE COMMENTS.
PAID CONSULTATIONS WITH OUR TEAM, $230 PER CONSULTATION.
I’m making this video to address a question I get all the time: what can you do if you go all the way to immigration court with your asylum case and the judge says no? Whether it’s an asylum case or a cancellation of removal case, being denied is overwhelming. Maybe you’ve lived in the U.S. for over 10 years, have U.S.-citizen children or a spouse, and even have hardships like illnesses or mental health issues, but the immigration judge still denies your case.
So, what are your next steps?
Understanding the 30-Day Appeal Window
If the immigration judge denies your asylum case, they will explain your options. The most important thing to know is that you typically have 30 days to file an appeal. The appeal goes to the Board of Immigration Appeals (BIA), where a panel of immigration judges reviews whether your case was denied due to legal errors.
Your lawyer’s job is to prove that the judge made a mistake in applying the law to your case. Immigration law is federal, but the most persuasive arguments often come from cases decided in your local circuit court. For example:
- If you’re in New York, we focus on Second Circuit cases.
- If you’re in California, we reference Ninth Circuit cases.
Filing an Appeal: The Process
- Submit a Notice of Appeal: This catches the 30-day deadline.
- Prepare a Legal Brief: Your lawyer summarizes your case facts and argues why the judge’s decision was legally incorrect.
Common Reasons for Denial
- Credibility Issues: The judge didn’t believe your story or thought your evidence wasn’t strong enough.
- Not Meeting Protected Group Criteria: Asylum applicants must prove persecution based on nationality, ethnicity, religion, gender, or other protected categories.
- Technical Barriers: Filing too late or not providing sufficient proof of persecution related to a protected category.
What Happens After Filing?
Appeals to the BIA take time—often several years. If the BIA sides with you, your case returns to the immigration judge for further review. If the BIA denies your appeal, you can appeal to the federal district court in your area. This process requires showing that both the immigration judge and the BIA were wrong.
Why You Need a Lawyer
Handling appeals is incredibly complex. Unlike simpler immigration filings like citizenship applications, appeals should never be attempted without an experienced lawyer.
Key takeaway: You only have 30 days to file an appeal. Missing this deadline often means losing your chance to fight your case.
Situational Variations
If you were denied in absentia (you never received notice of your hearing), your lawyer might file a motion to reopen directly with the court instead of appealing to the BIA. Every case is unique, so it’s crucial to consult an attorney.
We’re Here to Help
If you’ve been denied or deported, don’t lose hope. Contact us today, and let’s explore your options for your asylum case.