USCIS v. EOIR: Jurisdiction over Asylum Applications for Individuals Who Were in Expedited Removal Proceedings or Issued Notices to Appear

USCIS v. EOIR: Jurisdiction over Asylum Applications for Individuals Who Were in Expedited Removal Proceedings or Issued Notices to Appear

December 20, 2017

While deciding whether to file an asylum application with USCIS or EOIR can be straightforward in many cases, certain asylum seekers—especially if they have been in expedited removal proceedings and/or have been issued a Notice to Appear that was never filed with an immigration court—have trouble getting either agency to accept their applications. As a result, practitioners may be unable to successfully file their clients’ asylum applications within one year of their arrival into the United States as required by statute. A recently released USCIS document lays out the agency’s position on jurisdiction over asylum applications in these more complex situations.

This practice advisory, by the Council, the Northwest Immigrant Rights Project and Dobrin & Han, PC,  describes USCIS’ position and offers practical suggestions for filing asylum applications that USCIS is likely to reject for lack of jurisdiction. However, this practice advisory does not endorse USCIS’ positions regarding jurisdiction over asylum applications.

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