Defensive Asylum

If you are in removal proceedings, you must file an application with the immigration court and not with USCIS. Always remember to get a court-stamped copy of the application as proof that the application was timely filed. This application can be filed by mail, at the court clerk’s office, or during a hearing. If filing by mail, include (1) a self-addressed envelope with postage, (2) an additional copy of the application, and (3) a short note asking the court clerk to return the stamped copy of the form to you for your records. 

First, you will be scheduled for a Master Calendar Hearing, where you can state that you wish to apply for asylum, Withholding of Removal, and Convention Against Torture relief. At this time, you can file your asylum application if you have not done so. Some judges grant you time to file your application. After this, the Immigration Judge will schedule an Individual Hearing to hear the merits of the asylum claim. The Immigration Judge will also set a due date by which the applicant must submit all evidence that they want the judge to consider.

At the Individual Hearing, you will present your case for asylum. Opening statements are not usually required in immigration court, but your consel should always prepare a strong and thorough direct examination. After your case is presented, the government attorney will have the opportunity to cross-examine you and any witnesses. The Immigration Judge may ask questions at any time. After all the testimony is heard, the Immigration Judge may render their decision orally immediately or they may take additional time to consider all of the submitted evidence. The immigration judge may schedule another hearing to render a decision or state that they will send a written decision by mail.