Does A Denied Asylum Lead To Automatic Deportation?

The United States has been generous and empathic to people to extend protection and help, especially to those seeking asylum. But that does not guarantee an instant approval of your application, there are instances when asylum is denied. 

While it may be disheartening for an asylum seeker to have their application denied, one may wonder if it would mean automatic deportation. Also, if they will be deported after having their asylum denied, can they still make an appeal?

When You Have Your Asylum Denied

Rejection is never easy to accept. After all the efforts and the patience you have poured through the application, it would be frustrating to have your asylum denied. 

But what happens when you receive an asylum denial? The truth is, you may get deported, but note that just because your application got rejected does not mean your deportation is automatic. 

When you got your asylum denied, you will undergo a process in which you can still see a light of hope to continue to try to seek refuge and start over. For instance, if your application is turned down, you will go through a removal process where you will have to appear before an immigration judge.

As part of the removal process, you can seek the immigration judge to grant you refuge once more. The highest immigration court in the United States, the Board of Immigration Appeals (BIA), will handle your appeal if the immigration judge declines.

 Yes, the BIA can have your request for asylum denied, but you can go to federal court to appeal the BIA’s decision. You will be deported if the federal court still rejects your request for asylum, notably if you delay appealing the immigration judge’s ruling.

Immigration law interpretation in the U.S. is the responsibility of the BIA. The administrative body has the authority to give immigration courts specific instructions regarding what to do. The BIA does not participate in courtroom activities. The body evaluates individual cases to consider appeals. 

Nevertheless, there are a few exceptions that frequently require the BIA to hear oral arguments in instances that have been appealed. Those who have their asylum denied can persuade the BIA to grant them asylum. Having a seasoned deportation lawyer assist in the appeal can help get the best possible outcome.

Deportation Before Asylum Denial—Is It Possible?

While waiting for the asylum application decision, asylum seekers are granted permission to remain in the United States. You won’t require any extra documentation to halt deportation in this situation.

Yet, suppose you don’t file an appeal in federal court to challenge the BIA’s decision after it has rendered a final decision by rejecting your appeal. In that case, you forfeit your right to remain in the country automatically and risk being deported immediately.

In general, you have 30 days to appeal the Court of Appeal’s ruling on your petition for review of the BIA’s ruling. Even within those 30 days, you could be expelled from the United States. So, it is indeed crucial to file a petition right away.

If you don’t obtain a stay of removal order after filing a petition, the court may order your deportation. An order preventing your deportation might not be the best option, though, as it might have unfavorable consequences. The need for an experienced deportation lawyer is crucial to ensure you are taking appropriate steps.

Why Hire An Immigration Lawyer?

Reapplying for asylum and appealing to the judge’s decision is not something to handle alone. In this situation, you need an experienced deportation lawyer to help you know your rights and defend them. They can also help you gain back confidence and extend you hope in times of asylum denial. 

Lincoln-Goldfinch Law extends its hands to people who are seeking asylum. Their knowledge and skills can make a huge impact on your situation and can help you resolve your asylum denial and make it right on the next try. 

Summary

Denial of your asylum application does not automatically mean deportation. Like any other legalities, you need to undergo a process before you can be removed from the United States. You can even make an appeal. Moreover, you can be deported even before your asylum gets denied. In all of these situations, it is smart to have an immigration attorney to help you through.

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