Appeal. How much time I have

M

Michail

Registered Users (C)
Hello everybody,
Like a lot of people on this forum, my asylum case is still pending. I have the next hearing coming in August, originally case, after the interview, was referred to an immigration judge, because I failed to file within 1 year.
The first hearing after that, I came without a lawyer, and they moved the hearing date 6 months ahead and let me go.
After 6 months I came with the lawyer, but the judge was sick that day, so they moved my hearing because of that. They said to wait for a letter in a mail. And now I got a letter that the new hearing is in August. That is 1 year and 7 months after the last hearing was supposed to be.
I plan to go with the lawyer, but still, I want a second opinion from you guys, what's gonna happen if they deny my application, if I appeal, how much time from August I have till the appeal court will schedule a hearing? :confused:
How does the appeal system work?? :confused:
If appeal court denies it too, what else to do???
Please explain me the worst case scenario.

P.S. I've been in the country 4 years and 9 months now. Asylum case peding since December 2001.
If the appeal court orders deportation what else to do??
Thanks a lot!!!
 
Michail said:
Nobody went thru case appeal here :eek:
Must be nice!!! :)
Click to expand...

It was hard to people to respond to your original post because it did not raise any readily answerable questions. The best I can say is that you should take the process one stage at a time. Before your hearing you should not be worrying about the appeal process. It is not a productive use of your time. You should be spending your time preparing for that hearing. The better prepared you are, the more likely you are to win at the trial level. Then you do not have to worry about this whole damn business ever again.
 
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HI , well you should not worie at all.
in case IJ denies (wich i believe you should be ready)you have 30 days to appeal BOA, in case BOA denies your case you have 30 days to appeal to federal court (motion to reopen) in case motion to reopen denies ,your attorney have 21 day to present your case to feeral court ,negotiations,wich wher I am now witing for,after all this than you gor lust chanse to present case to suprime court .I hope will not come till supreme court.
I am 17 y's in good USA waiting for asylum to ,but not so successfol,and still waiting.
 
you should not woried becouse of backlog wich will takes o long ,and every day is geting longer. You are eligible for EAD as long as your case is pending no matters in wich court.Ij knows that .
you must have good attorney 'YOU NEED GOOD ATTORNEY 'that's what got me in this mes I was cheep so now cost me top $$.
IJ have no clue about your country and situation ,and givs no damm ,so you must present case as best as you can.I don't want to sound discouraging ,but all Ij denien 92% of the cases.BOA denies 95% of cases simply with 2 ward explanation "Affirm with no opinion" and motion to reopen geting denied apsolutly with no reasen. Simly they don't even read cases.
'YOU NEED GOOD ATTORNEY you need experienced Immigration attorney do not go without one .
I my case, everybody new about my olld country situation it was 24h /7 days on television, and ,it was TPA on ,but IJ have no clue,and geve no dam,
he did not let me finish my stament.
Now maybe you will be lucke guy,wich I hoppe and wish for you .
I just want you to have real picture, and be realistic and going there being prepared. i been talld wow don't worie everibody knows and seen on TV.
that's what i thought.well, you shoud be ready,for every detail, so you don't have to gothrough i am going still to this day.
 
Hello everybody!!
I would like to thank all of you for your answers!!!
Especially Care2Much for so much information. 17 years is a long time, and I hope you will get it eventually.
Tell me why are you afraid of supreme court they deny automatically or what???
Thanks again.
 
Hi,
Well of course i am afraid of supreme cort ,firsteble it will cost me $40.000 just for attorney to file,and plus there BS.
So far i paid $32,000 and one major heart atack.
I don't think it will help, as soon as your your case comes to there table ,one of DA will read it than present it to Judjes
Well gues what they are not doing it anymore (backlog factor)since case is only Immigration, there is no time to waist so they just denieds it.
and I have good attorneys, there are casesthat they mixt up ,wrong case with right name . :rolleyes:
You should see answer that i got from my motion to reopen ,it dos not said nothing why my motion to reopen is denied, just what evidence I submited
We are tallking about Supreme court of USA land of the free and justice.
That's how BOA(board of appeal) doing, one of internim reads it if case is only immigration BS than they just stamp "Affirm without opinion"
Well like I said forget that BS blah blah, you get ready, and if is nesesry you start crying in and beging :D
On more thing don't go on internet and and start serching and getin creasy, it's not worthy i did that and spend many sleeples nights. You got time.
care2much
 
Hello again,
Care2Much can you tell me, if you remember, when Judge denied your case, and you appealed to BOA, how much time passed all together from the moment you appealed, to the next level appeal, another words how long your case was in BOA, before it went to federal court ( motion to reopen).
Thanks again, Michail.
 
Hi ,
From the year that IJ denied my case was feb-1998, and the day that came up on BOA table was feb -2003 exact 5y's,it would strech much longer if ,tragick 9-11 did not happen,than the big attorney chiterall changed the law ,hi geve order, "cut the beck log or you are all fired",Aschroft cut from 22 judges to 11 than to 3 now one judje disade fathe, immagin how much time hi spend, I heard stories that internim (Litll girls) was doing cases Stampin "afirm vithout Opinion" they was desiding 85-100 saces a day,that'a how they cut back log ,but now all cases from BOA are filed to federal case ,
he took garbig from one stem and dumped in hiher step.
Every day more and more casesare filed.
care2much
 
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