What are the chances of winning an immigration case?

Yes, the reality is that once a Notice to Appear in Immigration Court is served, the odds of winning are much lower than 50-50. But that doesn't mean you can't be one of the lucky ones. There may be significant differences between your case and the cases you heard about in the news. In the area of citizenship, we have successfully handled almost all of our cases.

Issues such as Deferred Action and Prosecutor's Discretion requests are around 97-98%. Whether you appear in court on the day you're supposed to or not, the immigration judge can still decide the case. In fact, it's likely that the judge decided that you should be removable and decided against you. If you have already accidentally waived the appeal or didn't understand what the IJ meant in making the final decision after your case ended, and you didn't have an attorney with you at the hearing, then you should consult an attorney to consider your option to file a motion to reopen with the immigration judge.

If the immigration judge says the decision aloud in court, a summary of this decision will be sent to you. In addition, asylum officers and immigration judges have a fair amount of discretion, and their possibilities vary depending on who is assigned to your case. If, after an immigration judge has made a decision on your case, new facts or evidence emerges that the IJ did not consider or that it did not consider in deciding your case, you will want to file what is called a motion to reopen. When I started in the mid-90s, nearly nine out of ten asylum applications in U.S.

immigration courts were denied. For more information on the different stages and types of hearings in Immigration Court, see Immigration Court Procedures. If you think an asylum officer or immigration judge might think a ban applies to you, explain in detail why you don't or consult an attorney. This story illustrates the differences in the “justice” an immigrant can receive, it all depends on the immigration court hearing your case.

He is a certified specialist in immigration law who has testified as an expert witness before the U.S. Senate Immigration Subcommittee. After the immigration judge issues the decision and before you file an appeal, then your departure from the U. My team spends a lot of time reviewing cases to see if there are alternative solutions to the most obvious requests that could fail.

However, keep in mind that only an immigration judge, not an asylum officer, can approve your request for withholding deportation or protection from the Convention against Torture. If you choose to appeal, then you (or your lawyer) will have 30 days from the immigration judge's decision to file with the B. Immigration Attorney Harlan York is a past president of the Immigration Section, New Jersey State Bar Association and former co-chair of the CFLS Immigration Committee of the Association of New York State Attorneys. Carl Shusterman served as trial counsel for the INS (1976-8) before opening a firm specializing exclusively in U.S.

immigration law.

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