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Can you appeal a denial of asylum?

| Sep 14, 2020 | Asylum/Refugee Status

Immigrants like you wish to gain asylum to the United States for reasons of personal health, safety and peace of mind. If you apply for asylum and have this application denied, it often feels like the end of the world.

But fortunately for you, this is not the case. Even if your asylum application gets denied, there is still a chance for you to submit an appeal.

Where do you start your appeals?

The U.S. Citizenship and Immigration Services talks about the legal appeals you can make when denied asylum. You can appeal in stages based on who denied your request. For example, what if you get denied by an asylum office? You will then get referred to immigration court. This is because a denial at an asylum office does not come with the order to immediately vacate the United States.

In immigration court, you can call witnesses and file new documents. You get to testify on your own behalf. If the Immigration Judge denies your claim, you still have options. You can then appeal to the Board of Immigration Appeals (BIA). You must notify them of the appeal first. Then, you must file a legal brief. It can take a year for the BIA to make a decision.

Federal and Supreme Court appeals

If they deny your request, you can appeal to the Federal Court. This is the last step you can take before taking your appeal to the United States Supreme Court. Refusal to file further appeals will result in your removal from the country. However, court fees can stack up fast and cost a lot, so you should keep that in mind when making your decisions.