Jurisdiction issue for asylum application

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algorithm

Registered Users (C)
I am trying to help my friend file form I-589 but he has very strange situation.

ICE issued NTA for him because he is illegal but they never filed that NTA with the court. He went to the first master hearing to see a judge. The judge told him that he has no charging documents against him because ICE never filed the NTA with the court. The judge closed the case on the same day. My friend called the court system and the system says "The judge closed the case due to a failure to prosecute". It is been over 3 years and ICE never filed the NTA with the court.

I tried to read the law on google and I found that the removal proceedings starts only if ICE files the NTA with the court? Is that right?

Can USCIS accept his asylum application or it has to be submitted to court? Is my friend still in removal proceedings?
 
Your friend should file the asylum application ASAP with a copy of the document issued to him by ICE and anything from the Court concerning the situation. Once discovering the paperwork problem that ICE caused his time is limited to file and claim "exceptional circumstances". He can't wait a long time after the court appearance to file with USCIS.
 
algorithm said:
I am trying to help my friend file form I-589 but he has very strange situation.

ICE issued NTA for him because he is illegal but they never filed that NTA with the court. He went to the first master hearing to see a judge. The judge told him that he has no charging documents against him because ICE never filed the NTA with the court. The judge closed the case on the same day. My friend called the court system and the system says "The judge closed the case due to a failure to prosecute". It is been over 3 years and ICE never filed the NTA with the court.

I tried to read the law on google and I found that the removal proceedings starts only if ICE files the NTA with the court? Is that right?

Can USCIS accept his asylum application or it has to be submitted to court? Is my friend still in removal proceedings?
Click to expand...

Asylum office retains jurisdiction if the NTA has not been filed yet with the EOIR. I don't think the judge has the jurisdiction because your friend is not in removal proceedings yet.
 
algorithm said:
Thank you BigJoe5. Do you mean USCIS still has the jurisdiction?
Click to expand...

Normally a person has one year from entry to file for asylum. ICE may have caused your friend to miss that deadline. In that the circumstances were beyond the friend's cobtrol, the filing time is tolled. Now that your friend is aware of the mistake that ICE made, (s)he needs to use due diligence in making contact with USCIS to explore options and ask for asylum. ICE led your friend to believe that they were starting the Immigration Court process but failed in their duty. This creates an excuse for your friend to make contact with USCIS now even if the one year has passed. BUT, for example, (s)he cannot procrastinate and blend into society and get picked up in a workplace raid 5 years from now and then seek asylum. Of course, (s)he may still be within the one year period since entry and it doesn't matter.
 
Asylum seeker, IJ closed my case due to failure to prosecute, 5 months later, no MH rescheduled

I am brand new here, I filed for asylum with USCIS, had the interview and biometric done, unfortunately, I was referred to an IC. I went to the MH the judge told me the court has not been served by USCIS, he excused me and say no charge against me, until USCIS serve the NTA to the court. Afterwards, when I called the EOIR hotline, the say'' the IJ closed your case''

I have not been granted asylum, the immigration system forgot to diligent my case. What is my status? What should I do now? I am so desperate and miserable. HELP HELP SOS
 
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