If your judge is very bad, definitely change your judge to a better one, here is why:

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2023sf

Member
You probably know that if the IJ order you removal, you can appeal the IJ's decision to BIA, BIA denies and then it goes to the circuit court.

However, even though you win the appeal, it does not mean you are granted asylum. BIA and the circuit court does not grant asylum. The person who grants asylum is the IJ.

You win the appeal from BIA, BIA will remand your case to the same IJ who ordered you removal. If the IJ does not want to approve you, he or she can also deny you case. Then you appeal to BIA again...You probably lose the appeal at this time...

You win the appeal from the circuit court, the circuit court returns you case to BIA and then to the same IJ who ordered you removal, If the IJ does not want to approve you, he or she can also deny you case using a different reason. Then you appeal to BIA again...You probably lose the appeal at this time...

Here are some possible patterns:

1. The IJ denies → BIA (you win) → remand case to the IJ → the IJ denies → BIA (you win) → the IJ denies → BIA (you lose) → Circuit Court (you lose) → ordered removal

2. The IJ denies → BIA (you lose) → Circuit Court (you win) → return to BIA → remand to the IJ (denies) → BIA (you lose) → Circuit Court (you lose) → ordered removal
 
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The only way you can change your judge is by moving and filing a motion to change venue. The motion has to be granted by the original IJ to whom the case gets remanded. There is no other way.
 
Fin said:
The only way you can change your judge is by moving and filing a motion to change venue. The motion has to be granted by the original IJ to whom the case gets remanded. There is no other way.
Click to expand...

It is much more easier for a case to transfer out than transfer in. People are lazy. The IJs are willing to get rid of cases.

Also, a person will be automatically transfer to the court of his or her real residence. For instance, you live in NY and you appear Master Hearing in LA, but you move to Philadelphia and do not report change of address. During the Individual Hearing, the NY government lawyers do researches on each respondents and if the NY gov lawyer finds you live in Philadelphia actually, your case will be transferred to Philadelphia.
 
2023sf said:
It is much more easier for a case to transfer out than transfer in. People are lazy. The IJs are willing to get rid of cases.

Also, a person will be automatically transfer to the court of his or her real residence. For instance, you live in NY and you appear Master Hearing in LA, but you move to Philadelphia and do not report change of address. During the Individual Hearing, the NY government lawyers do researches on each respondents and if the NY gov lawyer finds you live in Philadelphia actually, your case will be transferred to Philadelphia.
Click to expand...
Little confusing :) Could you please correct the example so we can understand?
 
2023sf said:
You probably know that if the IJ order you removal, you can appeal the IJ's decision to BIA, BIA denies and then it goes to the circuit court.

However, even though you win the appeal, it does not mean you are granted asylum. BIA and the circuit court does not grant asylum. The person who grants asylum is the IJ.

You win the appeal from BIA, BIA will remand your case to the same IJ who ordered you removal. If the IJ does not want to approve you, he or she can also deny you case. Then you appeal to BIA again...You probably lose the appeal at this time...

You win the appeal from the circuit court, the circuit court returns you case to BIA and then to the same IJ who ordered you removal, If the IJ does not want to approve you, he or she can also deny you case using a different reason. Then you appeal to BIA again...You probably lose the appeal at this time...

Here are some possible patterns:

1. The IJ denies → BIA (you win) → remand case to the IJ → the IJ denies → BIA (you win) → the IJ denies → BIA (you lose) → Circuit Court (you lose) → ordered removal

2. The IJ denies → BIA (you lose) → Circuit Court (you win) → return to BIA → remand to the IJ (denies) → BIA (you lose) → Circuit Court (you lose) → ordered removal
Click to expand...
Love your understanding of the flow. Excellent !
 
HoustonAssi said:
So you meant to say that to change the Judge; moving out of that court area is the only option...
Click to expand...

This is the most common option. Another less common example is the IJ retires and hands over all of his/her cases to a new IJ.

Extremely rare exceptions including: the IJ suddenly dies, or the IJ invites another IJ to handle the case (but you will not be notified in advance...)
 
HoustonAssi said:
Little confusing :) Could you please correct the example so we can understand?
Click to expand...

Another example is: because the NYC immigration court has the highest grant rate, but in NYC, a lot of Chinese asylum seekers, who are restaurant workers, can't find a high salary job in NYC. So they work in Florida, Maryland... but they do not report address change, they want their cases be handled in NYC.

Before the individual hearing, the government lawyer can access a lot of your person information, like driver license, license plate, bank statement... If the government lawyer finds the restaurant worker actually lives in Florida, Maryland... the case will be transferred to Florida, Maryland...
 
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