Asylum as a Defense Against Removal from the U.S.

If you are in removal proceedings in an immigration court with the Executive Office for Immigration Review (EOIR), one of the defenses that can be used against removal is a request for asylum. In the context of removal proceedings, this type of asylum is referred to as the “defensive” asylum process. These cases are heard before an Immigration Judge in formal court proceedings. The Immigration Judge hears arguments from the individual requesting asylum and an attorney from Immigration and Customs Enforcement (ICE). Ultimately, in this case, the Immigration Judge decides whether one is eligible for asylum. Eligibility for asylum turns on a myriad of factors that are based on one’s home country conditions and whether one has a “credible fear” of persecution or torture. It can be difficult attempting to establish a successful claim for asylum, so if you or a family member are in removal proceedings, it is highly recommended that you contact an attorney for assistance to see if this might be one of the remedies you qualify for. Also, you should not delay seeking assistance from a professional because there are strict time frames in which to make such a request for asylum. Don't allow your case to turn into the scary caption photo! Contact my office to assist you in this process.th