Affirmative asylum cases are administrative in nature. Individuals seeking asylum must complete a lengthy application, the I-589, and will then be granted an interview with an Asylum Officer. The application must contain all bases for asylum, so it is crucial to consult with a knowledgeable attorney while preparing the application.
If the Asylum Officer does not grant asylum following the interview, the case is automatically moved to the jurisdiction of the immigration court for a determination of the merits of the application. The hearing set for this determination is called a removal hearing, which will be presented directly to a judge. It is an adversary proceeding, so preparation is a necessity.
We take a small number of cases involving the deprivation of civil rights by state and local government. Cases may be either civil or criminal. In the event that we are unable to handle a particular case, we will research potential attorney referrals where possible.
In certain cases, it is necessary to challenge the validity of a law or ordinance on behalf of a client whose rights have been affected. This may involve a due process challenge, or a challenge based upon the doctrine of preemption by state or federal law.