Got appeal from Gorvernment Lawyer
- Thread starter down4u
- Start date
This is what happened to us... IJ granted asylum -> IO appealed -> BOIA remanded -> IJ granted asylum again -> IO appealed -> BOIA agreed with IJ finally.
Anyway, the process goes like this (I don't remember exact details, so you may want to check online for exact timeline):
1) IJ grants asylum, IO reserves right to appeal;
2) Within __ days (30, I believe) IO files a notice of appeal;
3) IO has __ days to file his brief with BOIA (90 days, I believe);
4) You (or your lawyer) will get a copy of IO's brief when he files it and you will have __ days to respond (same amount as IO had, I believe)
5) After you send response to BOIA, they will look at it and issue a decision. You probably need to talk to a lawyer to find out how long BOIA is taking right now though. For us, the wait was about 6 months in both appeals.
As you probably figured out from from my introduction, BOIA sometimes remands cases, i.e. sends them back to the Imm. Court, e.g. to look at more evidence, etc.
Finally, even if you didn't have an attorney for your court hearing, you need to get it for appeals.
Anyway, the process goes like this (I don't remember exact details, so you may want to check online for exact timeline):
1) IJ grants asylum, IO reserves right to appeal;
2) Within __ days (30, I believe) IO files a notice of appeal;
3) IO has __ days to file his brief with BOIA (90 days, I believe);
4) You (or your lawyer) will get a copy of IO's brief when he files it and you will have __ days to respond (same amount as IO had, I believe)
5) After you send response to BOIA, they will look at it and issue a decision. You probably need to talk to a lawyer to find out how long BOIA is taking right now though. For us, the wait was about 6 months in both appeals.
As you probably figured out from from my introduction, BOIA sometimes remands cases, i.e. sends them back to the Imm. Court, e.g. to look at more evidence, etc.
Finally, even if you didn't have an attorney for your court hearing, you need to get it for appeals.
In my case the government counsel was very nice. She said "no" to appeal before the judge finished asking his question.
In your case just call your lawyer and prepare the documents. The chance of winning an appeal at BIA is very small on both sides. So most likely you won the case.
In your case just call your lawyer and prepare the documents. The chance of winning an appeal at BIA is very small on both sides. So most likely you won the case.
ccordova624
Registered Users (C)
No. You can not check it online....
Only applications filed in the service centers can be seen online...
Just be patient and talk to your lawyer ... he may be able to file an inquiry...
Only applications filed in the service centers can be seen online...
Just be patient and talk to your lawyer ... he may be able to file an inquiry...
Thanks Rusdude.
It said, " Your brief is due on Oct 25 07, INS brief is due on Oct 04 07". But I really dont understanding what it means. Could you pls explain me these? Thanks again.
A brief is a legal document that a lawyer writes to explain his/her legal position and tells the court why it should rule in his/her favor.
Since the DHS is the side which appeals, they have to first send its brief to the BIA arguing why the judge's decision was wrong and should be reversed. The DHS also must send a copy of brief to your attorney. When your attorney gets that brief, he or she will write another brief saying why the government is wrong and asking the BIA to uphold the judge's decision. The DHS also gets a copy of your lawyer's brief and they may file another brief in rebuttal.
When the BIA gets all the briefs, they will request the file from the immigration judge. The file will include all the documents you and the DHS filed with the judge and a transcript of the hearing the judge conducted. The BIA will then read everything it has and will make a decision.
The BIA now has a relatively fast turnaround for most cases.
kunashelynn
Registered Users (C)
Question about time line
the six months was that from the time it was appeal or six months in total
Mauricio22
Registered Users (C)
I completely understand how you feel, although my case was not appealed. The US attorney said “no” when asked about the appeal and we actually left the court room talking and I was helping her push the cart with the files she had to use against me. We hugged at the elevator and said good-bye.
You must be going through a lot of anxiety right now, I advise you to gather even more evidence that will support your case if possible. Depending on the circumstances of your asylum claim, you can visit a therapist who can also testify for you in court (I had that).
PLEASE also make sure your attorney is specialized in ASYLUM. If you need to switch lawyers, do so. I am in Los Angeles and can refer a good one if you need, as well as in NY.
You must be going through a lot of anxiety right now, I advise you to gather even more evidence that will support your case if possible. Depending on the circumstances of your asylum claim, you can visit a therapist who can also testify for you in court (I had that).
PLEASE also make sure your attorney is specialized in ASYLUM. If you need to switch lawyers, do so. I am in Los Angeles and can refer a good one if you need, as well as in NY.
Thanks guys. I really appreciate for your helps and information. They appealed me for supporting material to terrorists. i didnt do any supporting but delivered their ration servaral times. And the groups are not terrorists. They are the people who fight for democracy. I am burmese and you may know about burmese gorvernment. Hmm... i really hate being far away from my family.
Down4u,
Did you know that this material support issue has been a major obstacle for asylum seekers in the past few years? Thousands of cases have been held up because of one single provision in the law.
Read the following news release from the DHS Secretary (in particular the second to last paragraph):
The United States of America has a great legacy as a welcoming nation to legitimate refugee and asylum seekers from around the world. Indeed, America has traditionally welcomed more refugee and asylum seekers than any other nation in the world. The federal government has upheld that tradition while working hard to eliminate the risk of unintentionally admitting a potentially dangerous and fraudulent petitioner in a post-9/11 world.
A select group of foreign nationals have been unable to pursue the protections provided by our refugee and asylum laws because they have been uniquely victimized by terrorist groups. This group as a whole does not represent a threat to our homeland security. I, therefore, will exercise my discretionary authority to permit consideration of applications for refugee status, asylum or adjustment of status from some who have provided material support to groups while under duress.
I have also decided, in consultation with the Departments of State and Justice, to exercise my discretionary authority under the Immigration and Nationality Act to not apply material support to terrorism provisions to those seeking asylum or adjustment of status that have provided support to eight groups. They are: the Karen National Union and Karen National Liberation Army, Chin National Front and Chin National Army, Chin National League for Democracy, Kayan New Land Party, Arakan Liberation Party, Tibetan Mustangs, Cuban Alzados, and Karenni National Progressive Party.
The material support to terrorism exemption will apply to individuals who do not represent a public safety or national security risk to the United States. In addition to exempting from the material support bar eligible individuals in these two categories, the federal government will also seek legislation from Congress to further expand our discretionary exemption authority. We are deeply committed to ensuring that those who deserve humanitarian relief from our immigration system receive it, and that America continues to be a beacon of hope and protection for the persecuted.