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When can an asylum application be filed in Immigration Court?

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  • #16
    His ghost might be returning since he logged off and then I logged off - HE LOGGED BACK ON. I think the temptation is bringing him back! I'll search the obits to read about the SDUSA that bound and gagged himself and returned as a super-charged racist! Ha-Ha-Ha.

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    • #17
      Wow, way to jump to conclusions. I'm a law student in my school's immigration clinic representing a client who was previous represented by two other students who screwed up his case royally when they didn't notify the court when he moved. Therefore the notice to appear was sent to his old address, the master calendar was set, and he was removed when he didn't show up to the hearing that he didn't know about. He was placed in removal proceedings when he entered the U.S., so the immigration court had jurisdiction over the asylum application he wanted to file. The supervising attorney of the clinic was able to get the case reopned just recently and get a new master calendar hearing. So yes, the one year bar has passed, because of the incompentance of the previous students, which is evident by the immigration judge's willingness to reopen the case. The case was just transferred to me and the new master calendar hearing is set for two weeks from today. I need to argue that the one year bar should be waived because of extraordinary circumstances, and also show that may client filed his asylum application within a reasonable time given those circumstances. If the master calendar hearing is the first opportunity when a defensive asylum application may be filed with the court, that it certainly would be done within a reasonable amount of time. Please excuse this long explanation, but it seems as though some people need things spelled out explicity to not automatically assume the worst of people.

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      • #18
        Eliza, What are these extraordinary circumstances you are speaking about ?? If it has to do with the fact that this client didn't notify immigration that he moved ... well, we ALL know that you have a certain period of time to submit the appropriate 'change of address' documents ! If your client neglected or forgot to file the paperwork... that's too bad !! It's not anyone elses fault but his own. So how long has your client been in the USA? As SunDevil said ...any claim of asylum MUST be filed within one year of your arrival in America...

        And... why can't you, as a 'law student' ask one this question of one of your professor's ??



        <BLOCKQUOTE class="ip-ubbcode-quote"><div class="ip-ubbcode-quote-title">quote:</div><div class="ip-ubbcode-quote-content">Originally posted by Eliza:
        Wow, way to jump to conclusions. I'm a law student in my school's immigration clinic representing a client who was previous represented by two other students who screwed up his case royally when they didn't notify the court when he moved. Therefore the notice to appear was sent to his old address, the master calendar was set, and he was removed when he didn't show up to the hearing that he didn't know about. He was placed in removal proceedings when he entered the U.S., so the immigration court had jurisdiction over the asylum application he wanted to file. The supervising attorney of the clinic was able to get the case reopned just recently and get a new master calendar hearing. So yes, the one year bar has passed, because of the incompentance of the previous students, which is evident by the immigration judge's willingness to reopen the case. The case was just transferred to me and the new master calendar hearing is set for two weeks from today. I need to argue that the one year bar should be waived because of extraordinary circumstances, and also show that may client filed his asylum application within a reasonable time given those circumstances. If the master calendar hearing is the first opportunity when a defensive asylum application may be filed with the court, that it certainly would be done within a reasonable amount of time. Please excuse this long explanation, but it seems as though some people need things spelled out explicity to not automatically assume the worst of people. </div></BLOCKQUOTE>
        God Bless America ! Love IT ....or LEAVE it !

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        • #19
          You have one year of arriving in the US or within one year of the changed circumstances in the home country that require asylum if you were here legally up to that point to apply for asylum. Otherwise, it will be thrown out for obvious reasons.

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          • #20
            Assume the worst in people. You will never be disappointed.

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            • #21
              [QUOTE]Originally posted by Got_Faith:
              Eliza, What are these extraordinary circumstances you are speaking about ?? If it has to do with the fact that this client didn't notify immigration that he moved ... well, we ALL know that you have a certain period of time to submit the appropriate 'change of address' documents ! If your client neglected or forgot to file the paperwork... that's too bad !! It's not anyone elses fault but his own. So how long has your client been in the USA? As SunDevil said ...any claim of asylum MUST be filed within one year of your arrival in America...

              And... why can't you, as a 'law student' ask one this question of one of your professor's ??

              The extraordinary circumstances are ineffective assitance of counsel. The judge already granted the motion to reopen based on these grounds. My client has been in the U.S. about a year and a half. I DID ask my professor, who said he believed the asylum application could be filed at the Master Calendar hearing, but didn't tell me the source for that information. As students we're encouraged to find out the answer to questions ourselves. Believe me, I tried, and all the sources say is that an Immigration Court has jurisdiction over asylum applications filed when an alien is in removal. I'm not ignorant of the law, but thought that maybe someone could help point me in the right direction of a small question I had. I'm fully aware of the problems with my client's case in terms of the one year bar. It's up to the Immigration Judge to decide whether or not extraordinary circumstances will apply, but it's my responsibility to represent my client to the best of my ability. Perhaps asking on a discussion board was not the best way to go about doing that.

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              • #22
                Hmmm, encouraged to find the answer yourself.... despite of the irreversible harm it might do to the client? I dunno about that...

                Since you're filing for I-589 when the applicant is already in removal proceeding, I'm guessing it'll be at the Master Calendar Hearing when you can discuss with the IJ the avenue you wished to pursue. I would think the IJ will grant a deadline for the filing, but I've no first hand experience.

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