James C. Tai, Attorney at Law

When an application for asylum (I-589) is filed with USCIS, it is considered an affirmative asylum application. USCIS can approve the asylum application or refer it to an immigration judge in immigration court. A referral of an asylum application is not a denial of the asylum application. USCIS has referred it to the immigration judge because there may be some outstanding factual or legal issues, for which the immigration judge needs to rule on.

The applicant will receive an official notice from USCIS referring him/her to the immigration judge. The applicant will then later receive a Notice to Appear (immigration court charging document) and then a Notice of Hearing directing the applicant to appear in immigration court on a specific date.

Once in immigration court, the immigration judge conducts a “de novo” hearing of the case. This means that the judge conducts a new hearing and issues a decision that is independent of the decision made by USCIS. Additional and supplemental documents can be filed with the immigration court in support of the asylum application.

An individual hearing will then be scheduled by the immigration judge. At the individual hearing, the applicant will testify on his/her own behalf, and present any additional evidence or witnesses in support of his/her application. The applicant may be cross-examined by the DHS trial attorney and/or by the immigration judge. At the conclusion of the individual hearing, the immigration judge will render a decision as to the grant or denial of asylum. The immigration judge will also consider and rule on whether the applicant should be granted withholding of removal under INA 241(b)(3), withholding of removal under CAT  (Convention against Torture), and deferral of removal under CAT. A denial of asylum, withholding of removal under INA 241(b)(3), and/or withholding/deferral of removal under CAT, by the immigration judge can be appealed to the BIA (Board of Immigration Appeals) within 30 days of the immigration judge’s decision.        

Client was granted withholding of removal under INA § 241(b)(3) by a non-detained immigration judge based on fears of persecution from South Korea due to his sexual orientation.

6 detained LPR cancellation of removal (42A) GRANTED.

9 non-detained LPR cancellation of removal (42A) GRANTED, including 1 INA 212 (c) GRANTED, and 1 INA 212(h) hardship waiver GRANTED. 

Assisted detained client to get married to a United States citizen fiance while being detained by ICE, then successfully filed and represented client before a detained immigration judge for adjustment of status with a INA 212(h) hardship waiver. GRANTED. 

WITHHOLDING OF REMOVAL GRANTED in Miami Immigration Court for Cuban national who has been residing in the U.S. for 22 years . This individual was ineligible for permanent residence due to an old drug related conviction. The individual feared returning to Cuba due to former political affiliation and current health conditions.  

RELEASE FROM ICE CUSTODY . Individual was previously ordered removed in abstentia by Immigration Court. Individual was picked up by ICE and held in detention pending removal. Individual was released from ICE custody after establishing derivative citizenship through the naturalization of his mother and father.