Granted...DHS wanted to appeal in 30days

U

utadax

Registered Users (C)
Hi guys...i need opinions of my situation.

I applied for asylum on Sept 06, interviewed on Nov 06. Received a denial letter on Aug 07. And then i reappealed and finally yesterday i was in a room with the Judge, interpreter, my lawyer and DHS lawyer i guess. we all spent 4.5hours in that room. Decision is the judged granted my asylum BUT DHS would like to appeal and the judge gave him 30days till 04/03/08. i just dont understand, the judge himself granted my case, why would the dhs want to appeal? is anyone of you have the same/ similiar situation as mine? will dhs usually appeal? what are the chances of winning (even though i had won) if DHS appeal? my lawyer said that basically i won and just hope in 30 days dhs appeal wont be filed in.
thank you fellow friends and please input me some opinions please. :)
 
i got mine and DHS lawyer agreed not to appeal. but just hope and pray that DHS lawyer don't appeal ok.

DHS lawyer represents the gov and they are independent from Judge or your side and they have full right to appeal just like you would have if the Judge had rejected your case. In the approval letter, he has singed and checked mark the RESERVE TO APPEAL.

If he files appeal, it will go to another court, it will take some time, Your case doesn't become a final approval, but rather an opinion of the Judge that you should get asylum.

Right now, your case is in better stage compared to denial but it's in a limbo as it's just not full final approval but rather a Judge's opinion.

For example, with the approvel letter where it has DHS LAWYER saying reserve to appeal, you can't get federal benefits cos it's in limbo and it's not full final approval.

GOOD LUCK AND FIGHT AND BE STRONG!
 
INS lawyer appealed my case and i am waiting for final decision for a year(exactly a year) now. The only thing i can do is "praying and waiting"

Good Luck
 
Usually DHS lawyer can reserve appeal but not necessarily that he/she would appeal. Just pray that after 30 days no appeal will be filed and that makes it a final approval.

You'll be fine.
 
utadax said:
Hi guys...i need opinions of my situation.

I applied for asylum on Sept 06, interviewed on Nov 06. Received a denial letter on Aug 07. And then i reappealed and finally yesterday i was in a room with the Judge, interpreter, my lawyer and DHS lawyer i guess. we all spent 4.5hours in that room. Decision is the judged granted my asylum BUT DHS would like to appeal and the judge gave him 30days till 04/03/08. i just dont understand, the judge himself granted my case, why would the dhs want to appeal? is anyone of you have the same/ similiar situation as mine? will dhs usually appeal? what are the chances of winning (even though i had won) if DHS appeal? my lawyer said that basically i won and just hope in 30 days dhs appeal wont be filed in.
thank you fellow friends and please input me some opinions please. :)
Click to expand...

Don't worry DHS seldom appeals. I had the same feeling back in 1999 when judge granted my case but as mentioned DHS has other more important issues to take care so Just don't worry & you'd be just fine.
Atique.
 
yea i guess i have to just wait and pray he wont appeal in 30 days.
once again thanks guys for the inputs :) i appreciate so much :)
 
my lawyer just called me and told me that DHS had filed in for the appeal. what should i do guys? this step of appeal, do i have to appear before the judge? will be there another interview or what? my lawyer said that this step even till the ninth circuit, the process will be by mailing. is it true?
and also, what are the chances of me winning since the judge granted me at the first place? how long does this process take?
thank you dear members
 
It's best if you seek your lawyer's advice and help cos he is the best person to get best info.

what I know is unless nine circuit finds a substancial error in judge's asylum grant, it would not be easy for them to reject judge's approval.

but i didint get my approval appealed by DHS lawyer.

DHS lawyer asked me 2 question during my trial and also told me to say loud in english to my lawyer's cross exam. judge asked me nothing and i got approvedin like 25 mins.

my case took just over 3 years cos i had to change lawyer and also judge gave me few postponements.

i wish you good luck and keep asking here and keep asking your lawyer the most for best answer!
 
Dear all experienced friends...

Thank GOD yesterday i received a letter from Board of Immigration Appeals. The letter says that after carefully reviewed my case, they couldn't find any errors/ mistakes of judge decision (granted me). they see no reason why should DHS appealed on me. So the appeal will be DISMISSED.
I am so happy to tears once i heard the news yesterday. So thank you all my friends here.. for the support and pray. Those whom experiencing the same case.. don't ever give up!! your results will be out soon.

PS: DHS Appealed on me on March'08. Appeal dismissal letter received December'09.
 
Congratulations. You got the best Christmas gift. I am so happy for you. You have a great faith and patience.
 
Yes thats right. Faith & patience really helped. I wasn't expecting the results within this year though. I thought it will be sometimes next year. But some of my friends told me that the gov are doing their job fast. So once again thank God fo helping me out.
My case originally applied in Arizona. Then i moved to live in Nevada. Had the case transferred & the court thing in Nevada.
My advice: those who are moving while case is pending. Make sure you change your address to your reliable friend's address. Avoid apartment addresses as they will be easily lost.
 
i am in the same boat...was granted asylum/witholding two weeks ago...just crossing my fingers and pray that DHS does not appeal...eventhough the trial attorney was firm when he said he would surely appeal...just 2 more weeks to go... :eek:..does the governement files appeal right away or during the last week? :confused:....i just checked the courts 1800 number and it said my appeal was due on august 9th
 
Just keep praying and keep checking by calling the 1800 # of the appeal status. Mine was appealed on the 2nd week and got dismissed by the board of appeal (i won) almost 2yrs later. Wish you all the best and don't ever give up! We all hope DHS lawyer has some more important to be focused on rather on your case.
 
i was granted too 2 week ago, i saw the brownish paper, and the judge circle with pencil ( Waive) , its mean both side ( DHS lawyer and my lawyer) both accepting judge decision. and my lawyer tell me, if the judge circle the ( reserve appeal) that mean both side can appeal to reject the result in 30 days
 
congrats cieru....
utadax...does the status changes right away on 1800 number when the goverment files an appeal or it waits until after the 30th day?

in my case the DHS attorney was fine with the grant of witholding and said would not appeal but he said he would appeal for the one-year bar issue for granting the asylum...
 
I have been waiting 17 months on BIA appeal is this normal? Won case by IJ in 2019 DHS immediately appealed same year its 2021 now can anyone advise?
 
tundeE said:
I have been waiting 17 months on BIA appeal is this normal? Won case by IJ in 2019 DHS immediately appealed same year its 2021 now can anyone advise?
Click to expand...
Technically, they usually have 30 days to file for an appeal. But I don't know if that is still the case. Practical, helpful steps for you to take: the clerk of the immigration court has everything you need, so visit her. If the govt appealed/did not appeal, that information is with the clerk of court. Visit the clerk and ask for your case file. She can make copies for you. You can check if there anything from dhs about appealing.

I don't know about deadlines these days. Everything is super slow, so perhaps the judges are permitting dhs to take millions of years to appeal?
 
I do not think the 30 day appeal requirements have changed for either parties as they are encoded in the laws. There may be a possibility to file a motion to seek more time, but I’m not too sure about that either.
 
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