FACTS:

A Nicaraguan client (and child) fled Nicaragua after being threatened and harassed by members of the Nicaraguan police (known as Dantos). The client feared persecution based on their political beliefs and activities to protest the government of Nicaragua.

THE LAW:

Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

US Law protects and recognizes political asylum cases for protection and asylum. This means that if you fear persecution in your home country (or have already been persecuted) because of your political activities, you can qualify for asylum in the United States.

One-Year Filing Deadline

If you entered the U.S. and want to apply for asylum, it is extremely important that you file your case within one year of your arrival. This is true even if you have not yet been scheduled for a hearing. If you were detained and released from US Immigration and did not apply, certain court cases may make you eligible for an exception from this rule under a case called Mendez Rojas.

Who is covered by the Mendez Rojas certified classes?

To benefit from the district court decision, an individual must be a member of one of the two classes certified in the case:

Class A comprises individuals who: (1) Have been or will be released from Department of Homeland Security (DHS) custody after having been found to have a credible fear of persecution within the meaning of 8 U.S.C. § 1225(b)(1)(B)(v); and (2) Did not receive a notice from DHS of the one-year filing deadline for asylum applications; and either

• Have not filed an asylum application; or
• Filed an asylum application more than one year after their arrival in the United States.

If you think you might qualify for asylum, please contact our office for a consultation.

DHS Role in the Asylum Process

The US Department of Homeland Security of (DHS) represents the US Government at hearings before the US Immigration Court.  The Office of the Principle Legal Advisor (OPLA) is charged with representing the government’s interests before the US Immigration Court.  Each immigration Court is assigned to a different OPLA Office. Knowing the office which has jurisdiction over your case is a straightforward matter of checking an online database. This is important since an applicant before the US Immigration Court must send copies of all of their papers to the OPLA Office having jurisdiction over their case – called “serving” the government. This is an essential step of the normal process of seeking relief before a US Immigration Court.

In addition to understanding that the OPLA office represents the government, it is important to know the specific ROLE that their office plays in these proceedings. Specifically, it is essential to understand that the US Immigration Court will consider the position that DHS/OPLA takes in each case before deciding how to pass judgment. If the OPLA office assigned to a case agrees with a specific outcome, this can make the results far more certain.

As such, negotiating with the DHS/OPLA office in advance and discussing the case, while not ALWAYS possible to do, is a wonderful way to help “fight” your case in advance of the hearing itself. This is done not only through phone calls and discussions with OPLA/DHS before the hearing, but also through extensive preparation, briefing, and argument to make your case as strong as possible.

THE RESULT:

This client was referred to our office by a CBP officer of all people, so we were able to begin this case by laying a strong foundation in the client’s story, the facts of the case, and supporting country condition evidence. Our office worked tirelessly with the client to gather extensive data documenting the political situation in Nicaragua and the political activities of the applicant.  Our research, evidence, and documents eventually amounted to over 500 pages! After assembling such a strong set of documents and timely submitting these to the US Immigration Court, our office reached out to DHS/OPLA.

In this case, our extensive preparation of the case and efforts to speak with DHS/OPLA about the case before the actual hearing made things go smoothly. As is increasingly common, DHS actually told the Court that they would NOT be appearing! DHS agreed to “waive” appeal and accept the decision of the judge as long as the client testified credibly! At the conclusion of a short hearing, the Court granted asylum.

After a grant of asylum, this client is looking forward to a more peaceful life and is on a path to US Lawful Permanent Residency and eventual US Citizenship.

DISCLAIMER: All Case Results published here depend on specific facts and legal issues unique to the case. It is impossible to guarantee any results.