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Lilo Pelekai
10 de may de 2025
How Immigration Court (Defensive Asylum) Works
If your asylum case has been referred to immigration court, that means USCIS did not grant you asylum and you are now in removal proceedings. This is called defensive asylum, and it’s very different from the affirmative process you started with. WHAT IS IMMIGRATION COURT? It’s a court run by the Executive Office for Immigration Review (EOIR), under the Department of Justice—not USCIS. You are now the respondent in a legal case where the U.S. government is seeking to deport you. This is no longer a USCIS interview. It’s a formal legal process. HOW DOES IT WORK? You’ll appear before an immigration judge. The government will be represented by an ICE attorney whose job is to question your claims and challenge your eligibility to remain in the U.S. You’ll have a chance to present your case, testify, submit evidence, and bring witnesses—if you have a lawyer. Without one, you’re on your own against trained government attorneys. There are two types of hearings: • Master Calendar Hearings (MCH): These are like check-ins where the court sets timelines and reviews the basics of your case. You won’t present evidence here, but you’ll need to tell the judge if you plan to fight your removal and if you need more time to find an attorney. • Individual Hearing (Merits Hearing): This is your trial. You’ll testify under oath. The judge will ask questions. The ICE attorney will cross-examine you. This is your one chance to fully explain your fear of returning to your home country. The judge will either give a decision that day or schedule one later. WHAT HAPPENS IF YOU WIN OR LOSE? If the judge grants asylum, you’re protected. If the judge denies it, you could be deported — unless you appeal in a timely manner or qualify for another form of relief. WHAT IS AT STAKE? Your future. Your protection. Your right to remain in the U.S. This process is real, serious, and emotionally draining. But many have gone through this and won their cases. The key is preparation, representation, and honesty. And please, get a lawyer. I hope this helps. #DefensiveAsylum #ImmigrationCourt
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