Seeking asylum here is a very difficult and unnecessarily complicated process. This has never been more true than now as our country makes it harder and harder for people seeking refuge to gain protection on U.S. soil. The law requires people to claim asylum while they are physically present in the U.S. “whether or not” they arrive at a port of entry. In other words, people coming to the U.S. to seek asylum, even if they enter “illegally” are “doing it the right way”. As long as they file within a year, and meet the other initial qualifications, they are allowed to claim asylum here in the U.S. Any and all efforts to curb these protections is in violation of U.S. law and international treaties and a disturbing trend by Americans to demonize the less fortunate and those who see our country as a beacon of hope, safety and security.
Typically asylum requires that someone suffer past persecution or have a well-founded fear of future persecution based on some protected ground or characteristic. For example, the genesis of asylum law is in Nazi Germany where Hitler and his political thugs were killing Jews (for their religion), black people (for their race), LGBTQ’s (for their sexual orientation), etc. So our laws are formulated in such a way to only offer protection to people being harmed for “the right reasons”. Many cartel cases can fall outside of this legal rubric upon initial inspection, however, in the Ninth Circuit, experienced litigators can make creative political and “particular social group” arguments to win cases that might otherwise get denied.
Our office has helped thousands of asylum seekers in the U.S. Our firm has litigated cases all the way up to the Ninth Circuit with immigration judges all over the western United States. If there’s a way to win our office can figure it out and it takes an experienced legal team with experience before many different immigration judges to know how to tackle each individual case.
Another form of “removal defense” is when the government tries to deport someone that is here without permission. This type of case is becoming increasingly important with the current administration that is executing raids and picking up any person no matter what the circumstances and trying to deport them.
DO NOT SIGN VOLUNTARY DEPARTURE! Only in the rarest of circumstances is this advisable and doing so will cause ICE to drive you straight to the border without a hearing and often with no possible or legal way to return.
If you have at least 10 years here in the U.S., do not have any significant criminal history and you have U.S. citizen or Lawful Permanent resident parents, spouse or children, you may be eligible for this case in court but you MUST demand an appointment with a judge! There is hope…do not sign anything…request to see a judge!