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

West Palm Beach, FL |

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with a U.S.C., she filed a I-130; however, the marriage didn't work out, we separated and got divorced later and I-130 withdrawn.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


Yes, the case will be sent back to the BIA and your asylum application reviewed

Samuel Ouya Maina, Esq. 415.391.6612 Law Offices of S. Ouya Maina, PC 332 Pine Street, Suite 707 San Francisco, CA 94104


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 reviewed for a more precise answer. You should consult with an immigration attorney before taking any action. The answer here is not intended to create an attorney-client relationship.



it's not the same Judge, previous just who erred in denying my asylum is now retired. what do you mean by "his prior ruling on asylum is not now final"? Renew application before USCIS or before the Immigration Court?


I agree with my colleagues.



do you agree on two different answers? One said to be sent back to BIA, the other to reapply. Lol


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 general information purposes only and an attorney/client relationship is neither intended nor created. You should seek out qualified counsel to review your case and provide you with advice specific to your situation. Call +1-561-478-5353 to schedule a consultation with Mr. Devore.


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.

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