Asylum-Based Defense provides a critical pathway for individuals facing deportation to seek protection in the United States. If you fear persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group, you may be eligible for asylum. Our firm specializes in representing asylum seekers in removal proceedings, ensuring they have a fair opportunity to present their case and secure safety in the U.S.
The Asylum Defense Process in Removal Proceedings
Individuals placed in removal proceedings may seek asylum as a defense to deportation. The process includes:
1. Master Calendar Hearing
- Your first court appearance before an immigration judge, where you formally request asylum.
- The judge will set deadlines for filing the asylum application and submitting evidence.
2. Filing Form I-589 (Application for Asylum & Withholding of Removal)
- Asylum applications must be filed within one year of arriving in the U.S., unless exceptions apply.
- If already in removal proceedings, this application serves as a defense against deportation.
3. Submission of Supporting Evidence
- To strengthen your asylum claim, our firm gathers and submits:
- Personal affidavits detailing your persecution or fear of persecution.
- Country condition reports and expert testimony on human rights violations.
- Witness statements or supporting letters from family, colleagues, or community leaders.
- Medical or psychological evaluations, if applicable.
4. Individual Merits Hearing
- A full hearing where you testify before an immigration judge about your asylum claim.
- Government attorneys may cross-examine you and present their case against granting asylum.
- Our legal team presents evidence, calls expert witnesses, and argues why you qualify for protection.
5. Immigration Judge’s Decision
- If asylum is granted, you may remain in the U.S. with the right to work and apply for permanent residency after one year.
- If denied, you may qualify for Withholding of Removal or protection under the Convention Against Torture (CAT) as alternative forms of relief.
- You have the right to appeal a denial to the Board of Immigration Appeals (BIA).
Alternative Forms of Protection
If you do not qualify for asylum, you may be eligible for:
1. Withholding of Removal
- A stricter standard than asylum but still provides protection from deportation.
- Must prove a "clear probability" of persecution in your home country.
- Does not lead to permanent residency but allows you to remain in the U.S. and work legally.
2. Protection Under the Convention Against Torture (CAT)
- Available for individuals who can prove a high likelihood of torture if returned to their home country.
- Provides relief from removal but does not offer a pathway to a green card.
Challenges in Asylum Defense Cases
To make it easy for you to find the right service, we’ve categorized our offerings into three main areas:
One-Year Filing Deadline
Asylum applications must be filed within one year of arrival, except in cases of changed circumstances.
Credibility & Documentation
Testimony and supporting evidence must be credible, consistent, and well-documented.
Burden of Proof
Applicants must demonstrate that their fear of persecution is well-founded and that government authorities in their home country cannot or will not protect them.
Criminal & Security Bars
Certain criminal convictions may make an individual ineligible for asylum.
Protect Your Rights – Contact Us Today
Asylum-Based Defense is a critical opportunity to fight deportation and seek protection in the U.S. If you or a loved one is facing removal and fears returning to your home country, contact us today to discuss your options and build a strong asylum case.
