Removal Defense Representation When Your Case Is in Immigration Court

Defensive Asylum Lawyer Florida | AG Immigration Law P.A.

What Defensive Asylum Means After a USCIS Referral

Defensive asylum is an asylum claim you raise before an immigration judge after the government has started removal proceedings against you. A defensive asylum lawyer in Florida presents that claim in court, where the government can question your evidence and witnesses.

Many cases begin with an affirmative application. You file Form I-589 with USCIS, and an asylum officer interviews you. If the officer does not grant asylum and you appear inadmissible or deportable, the officer refers your case to an immigration judge with a charging document. Where charging documents may not be issued, the officer dismisses the application. 8 C.F.R. § 1208.14 sets out this rule, with exceptions: it does not apply to applicants described in paragraph (c)(4)(ii) who have not already been subject to proceedings in accordance with 8 CFR 235.3, and where charging documents may not be issued, the asylum officer shall dismiss the application.

That charging document is called a Notice to Appear.

In court, the judge decides whether you qualify as a refugee. The judge may then grant or deny asylum in the exercise of discretion to an applicant who qualifies as a refugee, unless otherwise prohibited in § 1208.13(c). 8 C.F.R. § 1208.14 You carry the burden of proof. Federal law allows a person who is physically present in the United States, or who arrives in the United States, to apply for asylum under the procedures the statute sets out.

Timing starts early. The one-year filing period runs from your last arrival in the United States, or from April 1, 1997, whichever is later. An exception may apply in some cases. 8 C.F.R. § 1208.4

This page is for non-detained people in Florida who have received a referral and a Notice to Appear.

What Representation Before the Immigration Judge Covers

A lawyer can represent you at your hearing. The rules allow representation by an attorney or other qualified representative. 8 C.F.R. § 1240.3 provides that the respondent may be represented at the hearing by an attorney or other representative qualified under 8 CFR part 1292.

• Reviewing your file. This means the Notice to Appear, the USCIS referral, your Form I-589, and any earlier statements.
• Writing your declaration. Judges compare your written and spoken statements, so consistency matters.
• Tying facts to a protected ground. Under 8 U.S.C. § 1158(b)(1)(B)(i), the applicant has to establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least one central reason for persecuting the applicant.
• Gathering evidence. Documents, photos, medical or police records, and reports can support your account. The testimony of the applicant, if credible, may be sufficient to sustain the burden of proof without corroboration (8 C.F.R. § 1208.13(a)). Under 8 U.S.C. § 1229a, an immigration judge conducts proceedings for deciding whether a person is inadmissible or deportable.
• Presenting country conditions.
• Preparing testimony. You will answer questions from the judge and from the government’s side.
• Related relief. Withholding of removal and protection under the Convention Against Torture may be raised when the facts support them. 8 C.F.R. § 1208.16
• Criminal record review. Some records can affect eligibility, so we review them before you file or testify.

How the Process Works, Step by Step

Your case moves from the Notice to Appear to hearings, then a decision, and then possibly an appeal. These are the typical steps.

1. Consultation. We review the referral, the Notice to Appear, your I-589, and your timeline.
2. Filings and evidence. We prepare your asylum application and supporting evidence. The Department of Homeland Security (DHS) can ask the judge to deny an application that does not state a prima facie claim. 8 C.F.R. § 1208.13
3. Individual hearing. You testify, and the judge assesses your credibility.
4. Decision. The judge grants or denies asylum, or decides other relief.
5. Appeal. An appeal to the Board of Immigration Appeals is filed on Form EOIR-26 and must state the findings or conclusions you challenge. 8 C.F.R. § 1003.3

The timeline depends on the facts of each case and the court’s schedule. We discuss it at your consultation.

Why Work With AG Immigration Law P.A.

AG Immigration Law P.A. focuses on removal defense, and asylum before the immigration court is part of that work. The firm also handles BIA appeals, waivers, adjustment of status, family petitions, naturalization, and removal of conditions on green cards.

• Responsible lawyer. Adriana Gomez is the lawyer responsible for this page. Our support staff and assistants keep the office work moving.
• Connected practice areas. Asylum links to BIA appeals, waivers, and criminal record review. Each one is handled as its own matter.
• Plain communication. We explain each filing, deadline, and hearing in everyday language.
• Honest expectations. No lawyer can promise how a judge will rule. We focus on the law, the evidence, and the next step.
• Possible referral. Some matters may be referred to another lawyer or firm. If that happens, we will tell you.

Common Questions About Defensive Asylum in Florida

Preparing for Your Consultation

Bring your court papers, USCIS records, and a written timeline to your consultation. Gather these items before you reach out:

• The Notice to Appear and any hearing notice
• The USCIS referral letter and a copy of Form I-589
• USCIS receipts or decisions
• Dates of each entry into the United States, and any prior applications or immigration records
• A timeline of threats or harm, with dates, places, and the people involved
• Identity documents, police or medical records, photos, and messages tied to the claim

Consultations are paid, and we explain the fee when you contact our office.

Contact AG Immigration Law P.A. About Your Asylum Referral

If USCIS referred your asylum claim and a Notice to Appear now puts your case before an immigration judge, the next filings and hearing dates matter. Reach out through our contact form, call our office, or send a WhatsApp message. We will help you schedule a consultation with Adriana Gomez.