An individual in the U.S., or upon admission to the U.S., may apply for asylum if they have or believe they will be persecuted by their home country’s government on account of race, religion, nationality, membership in a particular social group, or political opinion. If an asylum applicant loses their case before the Asylum Office they may renew the application for asylum, withholding and CAT before the IJ. The asylum application is heard de novo before the IJ. Unlike the asylum interview, removal proceedings are adversarial with an attorney from Immigration and Customs Enforcement (“ICE”) (most often) fighting against relief for the applicant.
There are actually three bases for this relief: asylum, withholding of deportation, and Convention on Torture. For asylum the application must be filed within one year of arrival or the applicant must show circumstances changed in one’s homeland. Ahmad & Associates have successfully won many asylum cases for people from throughout the world.