Deportation During Maryland Asylum Process
If someone arrives at the United States border and states they fear returning to their home country, they are entitled to a credible fear interview. This is not an asylum interview, but a basic interview, during which a person will have to prove that they would have a credible claim for asylum when they enter the United States. If the individual can prove they would have a credible claim once they enter the country, a person is entitled to apply for asylum.
People can be deported while seeking asylum if they do things that disqualify themselves. A person can be disqualified for committing a crime, such as an aggravated felony. In those cases, they can be detained and the case can be expedited, but may only be eligible for protection under the convention against torture.
Circumstances of Deportation
If someone commits a particularly serious crime, while awaiting an individual hearing, a master calendar hearing, or adjudication of their USCIS affirmative application for asylum, they can be placed into an expedited removal proceeding. During that proceeding, the applicant would have to defend themselves and establish that the crime does not disqualify them from claiming asylum. If the individual cannot establish that their crime is not disqualifying, they can be deported before they are able to present their claim for asylum. That is the most common way someone is deported while seeking asylum.
While there is a pending application for asylum and the individual returns to their home country they stated they fear to return to, it can also terminate their eligibility. Further, traveling internationally, while the case is pending, without lawful status, may prohibit the person from returning.
Finally, if the government can prove before the case is adjudicated, that the person was involved in the persecution of others in their home country, there can be a hearing held which can also disqualify the asylum seeker from claiming asylum and lead to deportation.
Committing a Crime While Seeking Asylum
The legal term for a type of crime that could result in deportation is a particularly serious crime. It is a nebulous term and it is defined by case law, which makes it more vague than terms that are defined by statute.
Statutorily, any crime that is defined or that can be categorized as an aggravated felony will automatically be considered a particularly serious crime. There are crimes that do not fall into the realm of aggravated felony that may be considered a particularly serious crime. If the individual believes that the crime committed does not meet that standard, they will have to litigate it in a separate hearing. Once the person has overcome the hurdle of establishing that the crime is not particularly serious, the person will be scheduled for an individual hearing to adjudicate their asylum claim.
A positive way to terminate a person’s eligibility for asylum is if they enter the country legally and while awaiting adjudication of their asylum claim, they got married to a US citizen, or had another route for legal status. In those cases, a person could terminate their asylum case and apply for lawful status in another way.
Role of a Maryland Attorney
It is important to have an attorney if you are you are going to apply for asylum and/or defend yourself in immigration court. In the Baltimore immigration court, there are differences among the approval rates of differing judges, which is why it is important to know the proverbial climate of the court that you are going to be in, the judge, and the prosecutor that you are going to face.
A lawyer can also help you frame your story in a way that makes it a legally cognizable claim for asylum. It can be difficult to put the facts together in a way that would allow the court to understand your reason for requesting asylum, and justify the necessity of that decision without a Maryland asylum attorney on your side.