I have a pending asylum case before a judge as a defense for deportation. When DACA was announced in the summer, I found out that I was eligible for it. I already applied for DACA. Is there a way to remove my asylum case, i.e. can I let the judge know that I no longer want to use asylum as a defense, and can it be done before my next master hearing court date?
You can request that your next master calendar date be expedited. Then you can withdraw your asylum application since you have already applied for DADA.
(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.
You may withdraw your asylum case at your next master calendar date, however, I would recommend waiting for your DACA decision first.
Contact attorney Gintare Grigaite, Esq. at 646-407-2331, located in New York and New Jersey. Answers on AVVO do not constitute legal advice and do not form attorney-client relationship. Always consult an attorney for a legal advice.
I agree with my collegue. I would add that you should wait for a decision on your matter before withdraw your asylum petition. Also, your removal hearing may be administratively closed if your DACA is granted.
I hope you are represented by an attorney in your removal proceedings. DACA is wonderful and you should wait for approval, but your should analyze your chances for asylum - if in fact you do have a credible claim, after asylum is granted, you get to apply for a green card (and unfortunately you do not yet have this chance to do so with DACA). if you don't want to do so, you can certainly withdraw your asylum application and ask that removal proceedings be terminated since your DACA application was approved.
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I agree with the other attorneys., I only wish to add you really should have an attorney doing this for you. There is not much wiggle room for inexperience in the immigration courts. My firm handles deportation defense 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.
You can do that. However, the DACA does not give you an opportunity to apply for a green card later, the Asylum, if granted, does.
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