Asylum reffered to Judge

cpp

Registered Users (C)
HI,
After long 9 years wait i got letter from asylum office to come and pick my decision. I went and they told me they reffered me to judge it is not denial as they are not able to determine why i can not move to some other part of country. What do you think if i am reffered to judge normally what are passing ratio and do they give decision on first date or they ask basic question on first date and give another date.
Thanks
 
HI,
After long 9 years wait i got letter from asylum office to come and pick my decision. I went and they told me they reffered me to judge it is not denial as they are not able to determine why i can not move to some other part of country. What do you think if i am reffered to judge normally what are passing ratio and do they give decision on first date or they ask basic question on first date and give another date.
Thanks

Why did it take them 9 years to give you the initial decision?
 
I do not know. They just pulled my file because local immigration officer requested to do so. Do u know if i will get decision on 1st date, what normally it might be?
Thanks
 
I do not know. They just pulled my file because local immigration officer requested to do so. Do u know if i will get decision on 1st date, what normally it might be?
Thanks

I don't have a good info about the court process. Let's wait for the old timer members of this forum. They will give you useful info.
 
Hi Cpp,

I am sorry you have to wait all those years. You should appear on the date and hour indicated in the denial letter you received or maybe you will get a different letter with those details.

You have to find a lawyer that take your case from now on. You have to show up with your lawyer on the date in the letter. And the judge basically will ask you if you have a lawyer and if you want to continue with the case. If you say yes, then the judge will give you a new date for the trial.

In the trial besides the judge there will be a district attorney that will be against you. Your lawyer might be able contact the district attorney before the trial and convince him that your case is strong.

Your lawyer or you should be able to find documents that show that you cannot be safe anywhere in your country, if you find those documents you have great possibilities to be granted asylum. And if your lawyer show this to the district attorney before the trial, he might help you on the trial.
 
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HI,
After long 9 years wait i got letter from asylum office to come and pick my decision. I went and they told me they reffered me to judge it is not denial as they are not able to determine why i can not move to some other part of country. What do you think if i am reffered to judge normally what are passing ratio and do they give decision on first date or they ask basic question on first date and give another date.
Thanks

The first date is called master hearing. At this stage you go to the court room and you apply for asylum before the judge, basically you start everything all over again. There will be many more people in the room and everyone will be called by name. The judge will look at his calendar and depending on how much time you'll need to prepare, you will be given another date to present your case ( if you do not have an attorney you can ask the judge for a later date so you have time to hire one). This second appearance before the judge is called individual hearing. At the individual hearing there will be you, your attorney, your interpreter if you requested one( the interpreter is provided by the court), the district attorney and the judge. At the end of the hearing if the judge have enough information for a decision he/she will issue one right there or few weeks later. If the judge is not satisfied he/she may postpone for later so you or the DA can provide additional evidence.

In my opinion having a good, experienced attorney is a must have in a court processing. The statistic is that the number of approved asylum cases of applicants with lawyers is much higher than of applicants without a lawyer.

Good luck
 
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That is very inhumane of them to make you wait for nine years! That is almost a decade! Two presidents came and went and your case was still pending?? This is insane!

Anyhow, You must be prepared for a longer wait time depending on the court you are in. Also you MUST appear at all the hearings promptly and comply with all requests made by the court (fingerprints, response to motion, etc.) Now the referral assessment is not admitted as evidence. The judge will hear your case anew. The DHS trial attorney may however adopt the position of the asylum officer on your relocation to another part of the country. He may also be one of those lazy attorneys who will let the judge do all the work and would care less about the outcome of the case (which is 90% of the time).

Your chances depend on a number of factors including the strength of your claim, your attorney experience, the judge (lenient or tough) and the DHS trial attorney. Just make sure you have a good attorney to represent you. Maybe expensive but worth it. You rather spend money at this stage than go to BIA or Circuit court with more complex legal procedure and slim chance of winning and pay even more.

Your first hearing would be the Master Calendar hearing (procedural one) where you will concede removability an then you will declare your intention to re-apply for asylum, withholding of removal and CAT. The second individual merit hearing will be the full blown trial and your case will be heard. The timeframes between the two hearings could be really long I warn you.
Your merit hearing could be nasty or easy depending on the judge. He may grant or deny you asylum at a heartbeat. He may do take decision after scrutinizing the hell out of your and he may be very hostile too or even on the verge of rudeness but don’t let that discourage you. Your best weapon is confidence and composure. These judges are desensitized after hundreds of cases and some assume all people are liars until proven innocent.
 
I do not know. They just pulled my file because local immigration officer requested to do so

I think it took them long time because you entered the US without inspection.
In your previous post, you mentioned that you entered the US without inspection and you are now married to a US citizen and NVC has approved you to file IV application. Please give more details so people in this forum can help you.
 
Hi,
Thanks for all replies. I enterd US without inspection and married ti US citizen but can not go back to my country to get immigrant visa. As i was enterd without investigation immigration will not grant me family based green card in US. I think the only hope i have for GC without leaving the country is assylum granted.
Thanks
 
HI,
After long 9 years wait i got letter from asylum office to come and pick my decision. I went and they told me they reffered me to judge it is not denial as they are not able to determine why i can not move to some other part of country. What do you think if i am reffered to judge normally what are passing ratio and do they give decision on first date or they ask basic question on first date and give another date.
Thanks

Did you hire a lawyer during those 9 years waiting period to help you find out why your case got stuck.
9 years is too long. Why did they do that to you? If your case is strong, you should have asked them for an answer. Why didn't you follow up with officer or the director?
 
I did not had any lawyer yet but i have one to represent me for master hearing date.
 
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