News & Insights

1. Legal Background on Asylum Appeals and Reopening Cases

Under U.S. immigration law, asylum applicants whose cases have been denied may seek to:

• File a Motion to Reopen: This is based on new evidence or changed circumstances that were not available at the time of the previous decision.
• File a Motion to Reconsider: This focuses on errors of law or fact in the judge’s decision.
• Appeal to the Board of Immigration Appeals (BIA): If the denial is recent and the time to appeal has not passed (usually 30 days).

The Immigration and Nationality Act (INA) and related regulations, including 8 CFR §1003.23, govern these processes.

2. Options to Explore

• Motion to Reopen:
  • New Evidence: If new evidence has emerged—such as worsening conditions in your home country or personal changes (e.g., political activism in the U.S.)—this could strengthen your case.
  • Changed Country Conditions: Submit reports from credible sources (e.g., State Department, Human Rights Watch) showing changes in your country that make return unsafe.
• Motion to Reconsider:
  • Legal Errors: If the previous judge made a mistake in applying asylum law, a motion to reconsider may be appropriate.
• Appeal to the BIA:
  • If the time to appeal has not expired, an experienced attorney can file an appeal outlining errors in the previous rulings.
• Change of Circumstances:
  • With a new judge, there may be an opportunity to present your case differently.
  • However, a new judge alone does not automatically change the case outcome.

3. Addressing the Passport Issue

Lacking a passport is not uncommon in asylum cases. You can provide alternative evidence, such as:

• Identity Documents: National ID, birth certificate, or affidavits from credible sources verifying your identity.
• Proof of Entry: Copies of your visa or I-94 Arrival/Departure Record (if available).

4. Steps to Strengthen Your Case

• Gather Evidence:
  • New evidence supporting your claims of persecution.
  • Country condition reports detailing risks for individuals like you.
  • Testimonies from witnesses or experts.
• Seek Legal Assistance:
  • An experienced immigration attorney can help assess whether reopening or appealing your case is feasible.
  • They can also ensure compliance with procedural requirements and deadlines.
• Document Your Continued Fear of Persecution:
  • Submit detailed affidavits describing your fear of harm if returned to your home country.
  • Include psychological evaluations if the mental impact of your experiences is relevant.