The Asylum Process

-- Asylum, Withholding, and CAT

-- Defensive v. Affirmative Asylum

-- Lodging! It’ ain’t just where you sleep!

-- The asylum backbone (the I-589)

Client: You think I told you everything. Not a chance!

Defensive Asylum

• Begins with the NTA.• Determine the type (class) of asylum that is

applicable.• Determine if asylum is the primary relief, or a

means to buying time.– Considerations here include whether your client is

detained, and if so, how willing the client is to wait for a hearing.

• Presenting forms of relief to the judge.• Completing and filing the I-589.

The Greatest Enemy

You must care for your clients MORALE. A key strategy of the government is to break your clients by looonggg detentions,

Helpful Guides

• For court procedures, look at the practice manual:– http://

www.justice.gov/eoir/office-chief-immigration-judge-0• Hanover Law handout outlining what you need to

do in court (part of this class).• EOIR Guideline (bench book) on removal defense:

-- http://www.hanoverlawpc.com/class/EOIR-Relief_from_Removal.pdf

A Pointer About Filing

• Chapter three of the EOIR practice manual is important.

• Be SURE to follow the formatting requirements. If you don’t, you will end up with a rejected filing.

• Even when you do follow the filing guidelines, local court rules may result in a “rejected filing” – call the clerk for local rules if you are filing in an

“new” jurisdiction.

Forms of Relief

• It ain’t all about asylum!• COR = Cancellation of Removal (42A/42B)• PD = Prosecutorial Discretion• Adjustment via court; admin closure;

termination of proceedings.• Trial on client bad acts alleged in the NTA

(marriage fraud, etc.). This is often called a “proof hearing”, as the government is held to its burden of moving forward.

Getting to Know Your Client

• Interrogation vs. kind discussions• The risk of not knowing the truth =

deportation• Clients often hold back information hoping it

makes their cases look better• ALWAYS do a background check on your client.

A Guide to Criminal Consequences

• PDS in Washington, DC, my home jurisdiction, developed a great “cheat sheet” for immigration consequences of certain criminal acts. See:– http://www.hanoverlawpc.com/immigration_mat

erials/Aggravated%20Felony%20Cheat%20Sheet%202012.pdf

• Keep it simple• A system like outlook or other “global”

calendaring program is key• DO NOT trust a pocket calendar – other

people don’t put dates on your pocket calendar

• Set “ticklers” at least three days before a due date

How to Handle the Calendar

PREPARE FOR TRIAL

• Preparing for trial starts with a theory of the case.

• Interview your client• Prepare the forms• Write the brief 20 days before the hearing• Prepare witnesses and the client no sooner

than two days before the trial• WRITE OUT YOUR QUESTIONS

So I didn’t prepare my client…

Oh, you did not know we were going for VD? Well, Alonzo, it’s been good working with you. See you in El Salvador!

Common Errorrs

• 1. What client?– Do not forget about your clients. Immigration Court is a long

process.• 2. RESEARCH!– Asylum cases (all three types) require extensive supporting

documentation. Do the work.• 3. Run your client’s background– You think you know…but you don’t know.

• 4. DO NOT forget about deadlines– Immigration Court is all about filing deadlines. Give yourself

plenty of time.