When a respondent has had his final hearing, the immigration judge renders a decision in this case, known as the Decision of Immigration Judge. This decision must comply with the prevailing law and precedent decisions, but the immigration judge has been given a great deal of discretion under the immigration laws of the United States. This decision is often made orally on the day of the Individual Calendar Hearing, but sometimes is done later and sent to the respondent by mail. 

The decision must lay out clearly and concisely the reasons for the denial in order for the respondent to be able to appeal the case if he or she wants to. Sometimes, even with an approval or grant, the immigration judge does a comprehensive decision if the government has indicated that they intend to appeal the judge’s decision. The judge then indicates whether the parties have reserved appeal, and give instructions as to when and where an appeal needs to be filed, which is often the Board of Immigration Appeals, or BIA. 

There are many remedies or relief that “respondents” can seek in court depending if they are qualified, at least at technically. These include but are not limited to: seeking waivers for grounds of inadmissibility, cancellation of removal, suspension of deportation, adjustment of status based on a visa category and asylum. The list here is not all inclusive and is just a sample of many things an attorney who knows the law may ben able to ask for. 

Asylum Hearings In Court

An application for asylum becomes defensive when an applicant is placed in removal proceedings in immigration court, which may happen by one of three ways:

• An applicant is not granted asylum by the officer in the asylum hearing (though they may grant asylum, asylum officers lack the authority to deny an application outright) and the case is referred to an immigration judge, who may rule freely, as he is not bound to the USCIS’s decision.
• An applicant was either caught in the United States or at a U.S. port of entry without proper legal documents, or in violation of their immigration status.
• An applicant was caught trying to enter the United States without appropriate documentation, was placed in the expedited removal process, but was later found to have a credible fear of persecution by an asylum officer.

The Ins And Outs Of An Asylum Hearing In Court 

At the court hearing, the application initially submitted will be made a part of the record. The applicant can and is encouraged to testify at this hearing in support of his or her application. Due to the weight of the hearing, it is important that an applicant be prepared to testify honestly, clearly, and emotively, in order to best increase his or her chances of influencing the final outcome. 

Experts, supporting witnesses, and friends and family who can attest to the applicant’s country conditions and establish likelihood of persecution may be called to testify. Moreover, if the situation in the applicant’s country of origin has changed substantially in the time between the interview and the hearing, such changes should be brought to the attention of the immigration judge. 

The immigration judge will hear arguments from both the applicant and the U.S. government, represented by an attorney and, upon deliberation, will decide whether the individual is eligible for asylum If found eligible, the Immigration Judge will order asylum to be granted. If found ineligible for asylum, the immigration judge will determine whether the individual is eligible for any other forms of relief from removal; if not, the immigration judge will order the individual to be removed/deported from the United States 

Appealing The Decision Of The Immigration Judge

Let us assume that you are unhappy with a decision of the immigration judge on a certain motion or request, or with the immigration judge’s decision in your case. What can you do then? You have a right to file either an interlocutory appeal while the case in chief is still pending, or file an appeal at the end of the case.

Filing A Deportation Appeal At The BIA 

Once you have had your final Individual Hearing before an immigration judge, if you have been ordered removed or deported from the United States or if you are still in immigration court proceedings but had asked for bond, such as a “Rodriguez bond” and you were denied this, or are unsatisfied with the court’s bond decision, the next step is an appeal to the Board of Immigration Appeals, often referred to as the BIA. 

You must reserve the right to appeal after the judge issues his or her. This will give you 30 days to file your Notice of Appeal, and if you fail to do this within the 30 day period you have in essence given up your right and the judge’s decision remains as it is. You MUST reserve appeal if you want to continue fighting your case. 

If you decide not to appeal, you have waived your right to appeal and will not be able to appeal at a later time unless some very specific things happen. It is always advisable to reserve appeal even if you are not sure you want to use it, because there are no penalties for reserving and then deciding against it, but not reserve your right to appeal will mean you will have a huge hurdle to climb afterwards, should you realize a BIA appeal is necessary.

The following is a chronology of what usually will happen in a case appealed to the BIA:

• You complete and send the “Notice of Appeal” forms to the BIA. 
• The BIA will send you a receipt. 
• The BIA will send you a copy of the transcript, the Immigration Judge’s decision, and a briefing schedule. 
• You send your brief to the BIA. The BIA must receive the brief by the deadline.
• You may ask for one 21 day extension – but must do so by the brief deadline.
• The government will also write a brief, and they will send you a copy. 
• The BIA will review the briefs, and will make a decision in one to two months.