application denied and was ordered for deportation, He IS a refugee but was unable to convince the judge. What would be the best route to take for someone who is illegal now, application denied and is a true refugee.
Have your lawyer file an appeal of the IJ's decision first to the BIA, then to the Federal Circuit court. You may win on appeal at the federal level. In any event, appeals could keep you here for at least 5-6 years, in the meantime you could get married to a USC and/or the law could change.
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
"If an alien whose prior order of removal has been reinstated expresses a fear of returning to the country designated in that order, the alien shall be immediately referred to an asylum officer to determine whether the alien's removal to that country must be withheld under section 241(b)(3) of the Act. The alien's claim will be granted or denied by an asylum officer in accordance with § 208.16 of this chapter.
If the alien has previously had a claim to withholding of deportation or rem oval denied, then that decision shall prevail unless the alien can establish the existence of changed circumstances that materially affect the alien's eligibility for withholding.
The alien's case shall not be referred to an immigration judge, and there is no appeal from the decision of the asylum officer. If the alien is found to merit withholding of removal, the Service shall not enforce the reinstated order. "
Do consult an experienced immigration lawyer for guidance.
Take his file to an immigration attorney, it is impossible to say what can be done on a forum such as this for a case as complicated as this. My firm handles deportation defense claims in NY.
Law Offices of Nicklaus Misiti
212 537 4407
Legal disclaimer: The statement above is general in nature, as not all the facts are known. You should retain an attorney to review all the facts specific to your case in order to receive advise specific to your case. The statement above does not create an attorney/client relationship.