If USCIS and/or the immigration judge denied an Asylum application, the applicant may appeal the decision with the Board of Immigration Appeals (BIA). The applicant will typically have 30 days from the date of the denial to send in a notice of appeal and appeal the decision with the BIA. The BIA will make a determination based on your appeal. The BIA may summarily dismissed the appeal without a decision or comment, dismiss the appeal with comments, or grant the appeal and grant the USCIS or the immigration judge to issue an approval, or grant the appeal and remand the case to the immigration judge or the USCIS to make a specific determination based on the factual information. If the BIA denies the appeal, the applicant may file an appeal with the Circuit Court of Appeals that resides over the applicant’s jurisdiction. If the Circuit Court of Appeals denies the appeal, the applicant may ask a rehearing from the court. Legally, even if the Circuit Court of Appeals denies again at the rehearing, the applicant may file a Writ of Certiorari with the U.S. Supreme Court. In practice, if the Circuit Court of Appeals denies an application at the rehearing, the alien will not have the opportunity to be heard by the U.S. Supreme Court. The reason is that the U.S. Supreme Court chooses only a few cases that have the most legal significance implications to be heard each year.
Contact the Immigration Lawyers at Garg & Associates today on how to appeal an asylum application decision.
