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Pending Asylum Case and eligible for DACA

Chelsea, NY |

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?

Attorney Answers 6

Posted

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.

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Posted

Can I withdraw my asylum application before the master calender date?

Carl Michael Shusterman

Carl Michael Shusterman

Posted

No

Posted

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.

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Posted

My next calender date is in less than a month and I don't expect a decision by then. What happens if I withdraw the asylum before the DACA decision comes. Does the judge put me on immediate deportation?

Gintare Grigaite

Gintare Grigaite

Posted

No, it is ok to ask for an adjournment to await for a decision on DACA. However, I would not recommend withdrawing your asylum case. Remember, if you have basis for it and are granted asylum, you will eventually be eligible for adjustment of status, while DACA does not grant any legal status. So, consult with your attorney on this.

Posted

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.

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Posted

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.

This is not legal advice and a client attorney relationship is not created. For a free consultation call (718)234-5588.

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Posted

My next calender date is in less than a month and I don't expect a decision by then. What happens if I withdraw the asylum before the DACA decision comes. Does the judge put me on immediate deportation? And the asylum case is not winnable. It was just used to delay deportation.

Irene Vaisman

Irene Vaisman

Posted

I see. Discuss this with your attorney. Let the judge know that you have applied for DACA and provide I-797 receipt notice, hopefully OCC with agree to terminate your proceedings. Good luck!

Posted

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.
Regards,
Nicklaus Misiti
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.

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Posted

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.

Att. number 917-885-2261 This advice does not create an attorney client relationship. No specific legal advice may be offered by the lawyer until a conflicts check is undertaken. Information sent through a web form or via email may not be treated as confidential. Please accept my apologies for spelling mistakes. Law Office of Alena Shautsova www.shautsova.com www.shautsova.com www.russianspeakinglawyerny.com

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