Arlington Defensive Asylum Process

Some people seek out asylum before the immigration court, or a defensive asylum application because they have no other choice. Perhaps they have been arrested by immigration authorities and face deportation. Other people have filed an affirmative asylum application but been referred to the immigration court by the asylum office. In both scenarios, people will be forced to endure a defensive asylum case where they will need to argue before a judge as to why they should be able to remain in the country.

Defensive asylum hearings are many peoples’ last chance to avoid deportation. Despite this, there is no right to an attorney in these hearings and many people are left on their own to argue their cases in court. They represent people before immigration judges to explain why they should be allowed to remain in the country. A seasoned attorney could help people with the Arlington defensive asylum process.

Why Might a Person Face a Defensive Asylum Hearing?

Defensive asylum hearings can come about in one of two ways. The most common way results from a person being detained by Immigrations and Customs Enforcement, or ICE. This agency has the power to detain any person whom they suspect is in the country illegally. This often culminates in a deportation hearing. At these hearings, a person may filet a defensive asylum application arguing that removal to their home country will place their wellbeing in jeopardy.

The defensive asylum application can also occur after a person’s affirmative asylum application is unable to be granted by the asylum office and referred to the immigration court. Whether an affirmative application is referred for an administrative reason or lack of a bona fide fear of persecution, all people have the right to seek protection through defensive asylum application before being deported. Individuals should contact an attorney for more information on the Arlington defensive asylum process.

What Can a Person Expect During a Removal/Deportation Hearing?

Removal/deportation hearings are conducted by judges. These judges hear every case de novo, or in other words, from an entirely fresh perspective. They will have access to the prior paperwork in the case but will not take any decisions made by the USCIS into account when deciding whether to grant asylum.

During the hearing, the judge and the Department of Homeland Security attorney may directly question the asylum seeker as to their time in the U.S., what made them leave their home country, and what danger they may face if they return. Despite the life-changing implications of these hearings, people cannot apply for a public defender to assist during these cases. Thankfully, an Arlington County immigration lawyer can help people prepare for these hearings and represent their interests in court.

Talking to an Arlington Defensive Asylum Application Attorney

People who are facing a removal/deportation hearing need to give themselves every advantage. An unfavorable ruling after these hearings may result in a person being sent back to their home country, often at great risk to the safety of their life and the lives of their families.

Asylum applicants may only have one chance to plead their case, but an Arlington County immigration lawyer can help them to prepare. They educate people about the Arlington defensive asylum process and what to expect at a hearing. Attorneys can then walk them through practice hearings to give them every possible advantage in front of a judge. Contact an experienced asylum lawyer that could advocate for you.