Political Asylum/Witholding of Removal Granted

B

billy852010

Guest
I was granted both the political asylum and the witholding of removal by an IJ last week. The government attorney said they would appeal because i filed my application late, 12 days late, after an year. A little background, i intended to and asked for an asylum at the border when i was deported from canada and and the dhs records shows that the respondent entered canada PURSUING as asylum claim. But i didn't know at the time that there was a one year deadline pending and plus i didnt have a lawyer then. When i retained a lawyer and when she submitted the i-589, it was 12 days late. Now, last week when the judge rendered her oral decision granting the asylum, she said that DHS and the previous IJ before the venue change should have informed me of the deadline looming, plus she also said it was only 12 days and since i had the intention to pursue an asylum all along, i fall into the category of Exceptions to the 1 year bar. The DHS attorney said they would appeal for the 1 year bar, other than that they are OK with grant of the Witholding of Removal. I am kinda stuck with this and am waiting for the 30 days deadline for the DHS to appeal. Does DHS normally appeals in regards to the 1 year deadline only? Should my lawyer try to convince the chief counsel not to file an appeal because my lawyer thinks the IJ who granted the Asylum has nailed it for us and the gov't can't win in the appeal? I was initially so happy, but now i feel like i have a bitter sweet taste. For the life of me, i cant believe i would be punished for being late for 12 days. Sorry guys if this is too long, but i feel really depress about this whole issue of govt appealing and taking it away from me.
 
It's the Government job to fight against it till the end, Trust me they will only file if they know they have a win situation or otherwise they would like to spend this time on the next case that being said your Job is to be a Man and fight till the end, have a strong will, listen to your lawyer but not that much if he thinks the IJ has nailed the case for you, he might be nailing you for more fees. Ask him to go the Chief council route and ask them not to file, all these attorney, Judges etc they socialize together and usually owe each other one, specially if they are in the same locale, Goodluck.
 
Whether the DHS will appeal is really up to the trial attorney and ultimately his/her boss. If your attorney has a good working relationship with ICE, he/she should use that to your advantage and lobby ICE to not appeal.
 
thanks for the replies and support guys! What's weird is that the ICE attorney prior to the one I had at the asylum hearing did not question the one year bar, I guess they come in different breeds lol....
 
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