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Court of appeal asylum denied letter. What's next?

New York, NY |

I have a friend from Kenya who lived here in the US since 2009. She came here on tourist visa. She applied for asylum in 2010 and got her work permit, driver license, social security number . She went to fast hearing and the judge denied her due to lack of evidence in 2012. They made appeal and got asylum denied letter in the mail a few days ago.
What can be done for her to stay legal, continue to work and avoid deportation? Is there any lawyer that can do better than that?

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Attorney answers 6


Your friend should contact an immigration lawyer ASAP. Generally when an appeal is denied by the Board of Immigration Appeals (BIA) the next option is to file an appeal with the US court of appeals for the 2nd Circuit ( if the individual hearing was in NYC), within 30 days of the BIA denial. However this appeal is very complex and your friend should contact an immigration attorney ASAP, who also can advise him on any possible Motions to reconsider or reopen.


I agree with my colleague ... she only has 30 days from the date of denial to appeal to the Circuit Court of Appeals.

She needs a lawyer ... IMMEDIATELY.

PROFESSOR OF IMMIGRATION LAW for over 10 years -- This blog posting is offered for informational purposes only. It does not constitute an attorney-client relationship. Also, keep in mind that this is an INTERNET BLOG. You should not rely on anything you read here to make decisions which impact on your life. Meet with an attorney, via Skype, or in person, to obtain competent personal and professional guidance.


appeal to the Circuit Court of Appeals within 30 days


Present the entire immigration removal case for a review in person by an immigration attorney.

DISCLAIMER The answer given above by the lawyer serves for educational purposes only and provides general information and a basic understanding of the applicable law. Take notice that the answer above does not create an attorney-client relationship as this website is not intended to provide anyone a specific legal advice. Anyone using the site expressly consents that there is no attorney client privilege between any person and any attorney responding. Further take notice that the site should not be used as a crude substitute for any professional and competent legal advice by a licensed professional attorney in the applicable jurisdiction. The attorney above attempted to provide competent professional opinion, however, the law and its applications may change frequently and vary greatly from other U.S. jurisdictions and locales. Therefore, any information and opinions stated above are general in nature, and may not apply to specific factual or legal circumstances related to one's current legal issues. Contact an experienced lawyer admitted to practice in your State under an attorney-client privilege to further receive a comprehensive legal before making an educated decision about your particular legal issue. Respectfully, Attorney Alexander Ivakhnenko, Chicago, Illinois 773-562-8602


I agree with my colleagues that if the appeal was made to the Board of Immigration Appeals, your friend may also appeal to the Circuit court. Depending on her situation and especially if she has minor children, she may also apply for Stay of Removal with the Enforcement and Removal Operations office at 26 Federal Plaza. In any event, she should contact an immigration attorney as soon as possible.

Sophia Solovyova, Esq. 32 Broadway Suite 1310 New York, N.Y. 10004 T: 917-279-0134 F: 646-435-9234


If your friend has been represented up to this point, your friend needs to contact the existing counsel.
If your friend has not had counsel before now, it is time do secure counsel to explore any remaining options which may be available.