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Can you appeal a decision related to seeking asylum?

There are laws in California dictating how you should navigate through the immigration process. This process looks different for everyone and depends on a number of factors. As someone who intends to seek asylum, you will also have your own hurdles to overcome.

But some hurdles may seem insurmountable. The denial of your appeal is one of these things. However, your options do not end at your first denial.

Starting from the asylum office

The U.S. Citizenship and Immigration Services discusses information about appeals and motions. With an appeal, you can get a different authority to look over your request for asylum if you get an unfavorable decision. You must appeal to each new entity in a certain order, though.

You will start at the asylum office. If you get a denial there, your next referral will take you to immigration court. This first denial does not come with an order of removal from the United States, too, which can take one concern off your plate. Once you get to immigration court, an immigration judge hears your case. Note that you will also have the chance to call new witnesses, file new documents and testify for yourself here.

If you face denial at the immigration court, you can appeal to the Board of Immigration Appeals (BIA). You are still protected from deportation, but you must not miss the 30 day deadline. You need to notify BIA of your appeal and then file a legal brief. You have 21 days to do this, and the BIA often take a year to make a call.

Your last option: Federal Court

If the BIA denies your appeal, the last step is to take your appeal to your local federal Circuit Court of Appeals. This may take its toll in legal fees, but is often worth it for many struggling immigrants.