Congratulations! That's a tough win in the Fifth Circuit.
Without seeing the actual remand, it's hard to say, but it's possible. The BIA generally prefers to remand, and unless there are real issues of bias, the case usually goes back to the same IJ. He or she may find a better way to deny or they may feel that they are obligated to find for asylum (or you may have become eligible for other relief during ).
Make sure you are working with an attorney well versed in asylum law going forward--this is not DIY territory, there's too much at stake. Good luck!
This answer provides only general information and may not be relied on as legal advice. For more information about immigration law and policy, please visit www.lichterimmigration.com or follow us on twitter (@lauralichter) or facebook, www.facebook/lichterimmigration. To find an immigration lawyer in your area, log on to www.ailalawyer.com. Listed attorneys have been members of the American Immigration Lawyers Association, the nation's premier bar association for immigration lawyers, for at least two years, comply with annual continuing legal education (CLE) requirements and carry malpractice insurance.
Generally, the case will be returned to the Judge for a new hearing. Make sure you have a great lawyer to represent you!
Please click the link at the very bottom for additional information.
Carl Shusterman, Esq.
Former INS Trial Attorney (1976-82)
Board Certified Immigration Attorney (1986 - Present)
Schedule a Legal Consultation - Telephonic, Skype or In-Person
600 Wilshire Blvd., Suite 1550
Los Angeles, CA 90017
(213) 394-4554 x0
Web: www.shusterman.com (English)
(213) 394-4554 x0 Mr. Shusterman is a former INS Trial Attorney (1976-82) with over 35 years of immigration experience. His response to your question is general in nature, as not all the facts are known to him. You should retain an attorney experienced in immigration law to review all the facts in your case in order to receive advice specific to your case. Mr. Shusterman's statement above does not create an attorney/client relationship.