Facts: Entered U.S. as B-2. in 2004, applied for asylum, it was denied by IJ, appealed to BIA.

Asked 4 months ago - West Palm Beach, FL

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Before any ruling from BIA, case was remanded because I got married with a U.S.C., she filed a I-130; however, the marriage didn't work out, we separated and got divorced later and I-130 withdrawn. Later, prosecutorial discretion was declined by prosecutor. Can I request the Judge and/or still entitled to pursue my appeal to the BIA if I don't have any immediate relief?

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Attorney answers (5)

  1. Licensed in FL

    Pro

    West Palm Beach Immigration Attorney
    Contributor Level 19

    4

    Lawyers agree

    Answered January 31, 2013 15:13. If the BIA did not make a decision on the Asylum appeal but instead remanded the case then the immigration judge's order was vacated and he will have to enter a new order of removal and you can appeal once again. Hopefully you have an attorney who is handling your case and you can discuss this with him or her.

    While this answer is provided by a Florida Bar Certified Expert in Immigration and Nationality Law, it is for... more

  2. West Chester Immigration Attorney
    Contributor Level 17

    5

    Lawyers agree

    Answered January 30, 2013 21:37. Your case was remanded to the immigration judge, his prior ruling on asylum is not now final. Renew your application, if denied again or the judge applies the same decision as before you can certainly appeal to the BIA.

    The answer provided here is general in nature and does not take into account other factors that may need to be... more

  3. Pro

    Houston Immigration Attorney
    Contributor Level 19

    4

    Lawyers agree

    Answered January 30, 2013 21:42. I agree with my colleagues.

  4. Licensed in FL

    Pro

    Jacksonville Immigration Attorney
    Contributor Level 20

    Answered February 06, 2013 09:39. The time to appeal the previous decision is expired. However, if you were allowed to reopen your case in the past then the order is not in effect. I suggest you retain an experienced immigration attorney to assist you as your case is complex.

  5. San Francisco Immigration Attorney
    Contributor Level 19

    1

    Lawyer agrees

    Answered January 30, 2013 21:26. Yes, the case will be sent back to the BIA and your asylum application reviewed

    Samuel Ouya Maina, Esq. 415.391.6612 s.ouya@mainalaw.com Law Offices of S. Ouya Maina, PC 332 Pine Street,... more

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