asylum

dnepr87

New Member
hi i need good advise.i applyed for asylum .but they denyed and send me to the court.so i got a date to come for hearing in 3 weeks.i came but they game a paper that court did not reseve the documents from DHS (department of homeland securety) and when the court will get the documents they will send me new hearing date.but since whan past 6 monthes and nothing happed.i am very lost and dont known what to do??????????????please if you have any idea to help me......thank anyway.
 
hi i need good advise.i applyed for asylum .but they denyed and send me to the court.so i got a date to come for hearing in 3 weeks.i came but they game a paper that court did not reseve the documents from DHS (department of homeland securety) and when the court will get the documents they will send me new hearing date.but since whan past 6 monthes and nothing happed.i am very lost and dont known what to do??????????????please if you have any idea to help me......thank anyway.

Which court did you have to go to, the original court where your asylum was heard or the BIA? In either case, I would first try to contact DHS to inquire about the status of your case. All you need to provide to them is your alien number and that should be sufficient enough to establish your identity with them. If that doesn't materialize, I would try to contact the court and ask them for a status update of your most recent case. I'm sure the the DHS agents and/or clerk of courts would be happy to help you. Hope this helps and good luck with your case!
 
hi i need good advise.i applyed for asylum .but they denyed and send me to the court.so i got a date to come for hearing in 3 weeks.i came but they game a paper that court did not reseve the documents from DHS (department of homeland securety) and when the court will get the documents they will send me new hearing date.but since whan past 6 monthes and nothing happed.i am very lost and dont known what to do??????????????please if you have any idea to help me......thank anyway.

The judge doesn't have the jurisdiction to adjudicate your asylum case until the NTA is filed with the immigration court. If the NTA is not filed with the immigration court, then you are not in a removal proceedings yet and USCIS still has the jurisdiction.

This situation is called "Failure to prosecute". The EOIR phone system might say something like this "The judge closed your case due to a failure to prosecute".

What you need to do is to contact your local asylum office and ask them to file the NTA with the immigration court. You can also contact your local ICE office and tell them that you were served with the NTA but the NTA was not filed with the immigration court.

The NTA has to be filed with the immigration court to give the judge the jurisdiction for your case.
 
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Hi. I need your advise. I applied for asylum in 2007 and never got a decision from the Miami Asylum Office. Question: Write of Mandamus is something that I should think about. Can it be applied to the pending asylum cases. Does any one know? Thank You Very Much. I appreciate your comments.
 
Yes. They gave me no details about my case exept that is still pending. I'm ready to get them to the court. I just wanted to know if writ of mandamus can be applied to my case. Because we are way over the resonabile time frame. Thank you for your reply.
 
The judge doesn't have the jurisdiction to adjudicate your asylum case until the NTA is filed with the immigration court. If the NTA is not filed with the immigration court, then you are not in a removal proceedings yet and USCIS still has the jurisdiction.

This situation is called "Failure to prosecute". The EOIR phone system might say something like this "The judge closed your case due to a failure to prosecute".

What you need to do is to contact your local asylum office and ask them to file the NTA with the immigration court. You can also contact your local ICE office and tell them that you were served with the NTA but the NTA was not filed with the immigration court.

The NTA has to be filed with the immigration court to give the judge the jurisdiction for your case.

THANK you. what is ICE? i am afraid that on the phone asylum office is not gonna give any info.
 
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