North Hollywood, CA asked in Immigration Law for California

Q: If Affirmative asylum seeker received a final denial of his claim/case - what options he/she has after (June) changes?

1. If Affirmative asylum seeker received a final denial of his claim/case from asylum officer after the interview, will Affirmative asylum case automatically be “referred” to the Immigration Court?

2. Can asylum seeker with denied case still appeal to an independent body in Falls Church, Virginia known as the Board of Immigration Appeals (BIA)?

3. After a Denial by the BIA—can he/she still Appeal to U.S. Court of Appeals?

If there are other options please let me know.

Thank You!

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2 Lawyer Answers
Stanley Dale Radtke
Stanley Dale Radtke
  • Immigration Law Lawyer
  • San Leandro, CA
  • Licensed in California

A: Yes, yes, yes to all three questions.

Adan Vega
Adan Vega
  • Immigration Law Lawyer
  • Houston, TX

A: 1. If the asylum request is not approved by the Asylum Office and you have a valid underlying status that is unexpired then the case may not be referred to the immigration court. If you do not have an underlying valid status then the case will be referred to the court.

2.You can appeal a decision of the immigration judge to the BIA within a certain period of time.

3. You can appeal the decision of the BIA within 30 days to the circuit court.

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