Court of appeal asylum denied letter. What's next?

Asked about 1 year ago - New York, NY

I have a friend from Kenya who lived here in the US since 2009. She came here on tourist visa. She applied for asylum in 2010 and got her work permit, driver license, social security number . She went to fast hearing and the judge denied her due to lack of evidence in 2012. They made appeal and got asylum denied letter in the mail a few days ago.
What can be done for her to stay legal, continue to work and avoid deportation? Is there any lawyer that can do better than that?

Attorney answers (6)

  1. Altin Nanaj


    Contributor Level 13


    Lawyers agree

    Answered . Your friend should contact an immigration lawyer ASAP. Generally when an appeal is denied by the Board of Immigration Appeals (BIA) the next option is to file an appeal with the US court of appeals for the 2nd Circuit ( if the individual hearing was in NYC), within 30 days of the BIA denial. However this appeal is very complex and your friend should contact an immigration attorney ASAP, who also can advise him on any possible Motions to reconsider or reopen.

  2. F. J. Capriotti III

    Contributor Level 20


    Lawyers agree

    Answered . I agree with my colleague ... she only has 30 days from the date of denial to appeal to the Circuit Court of Appeals.

    She needs a lawyer ... IMMEDIATELY.

    PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It... more
  3. Irina Alexander Vinogradsky

    Contributor Level 15


    Lawyers agree

    Answered . appeal to the Circuit Court of Appeals within 30 days

  4. Sophia Solovyova


    Contributor Level 7

    Answered . I agree with my colleagues that if the appeal was made to the Board of Immigration Appeals, your friend may also appeal to the Circuit court. Depending on her situation and especially if she has minor children, she may also apply for Stay of Removal with the Enforcement and Removal Operations office at 26 Federal Plaza. In any event, she should contact an immigration attorney as soon as possible.

    Sophia Solovyova, Esq. 32 Broadway Suite 1310 New York, N.Y. 10004 T: 917-279-0134 F: 646-435-9234 info@... more
  5. Alexander M. Ivakhnenko

    Contributor Level 20


    Lawyer agrees

    Answered . Present the entire immigration removal case for a review in person by an immigration attorney.

    DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general... more
  6. Kevin H. Pate

    Contributor Level 20

    Answered . If your friend has been represented up to this point, your friend needs to contact the existing counsel.
    If your friend has not had counsel before now, it is time do secure counsel to explore any remaining options which may be available.

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