Stage 4: Understanding the Judge's Decision

A Judge can approve your case, deny your case, or issue an administrative decision without making a final decision on your application for immigration status.

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A Judge usually issues a decision the same day that you have your “individual” or “merits” hearing where you testify and present evidence. 

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• The Judge can issue an oral decision, meaning that they will say the decision and the reason for the decision out loud. There is a recording of all hearings and you can receive a transcript of what the Judge says after the hearing. 

• The Judge can issue a written decision which describes in writing the decision and the reasons for the decision. 

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The Judge will give you this decision during a hearing or will mail you the decision at a later date. It is less common to receive a written decision and usually the Judge will give you another hearing date to prepare the written decision and will give it to you at that next hearing date.

 

Option #1 - Approval: if you have a case before the Court, the Immigration Judge is the only person who can make a final decision to grant you asylum. After hearing your testimony and reviewing your evidence, the Judge can issue a decision to grant you asylum. 

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Other Forms of Relief

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• When you apply for asylum, you also apply for two other forms of relief: Withholding of Removal and protection under the Convention Against Torture. 

• If the Judge decides that you are not eligible for asylum but would be harmed if you had to return to your country of origin, the Judge may deny your asylum claim but grant you Withholding of Removal or protection under the Convention Against Torture. 

• These other protections are not as robust as a grant of asylum and you should consult with an attorney regarding your options under these other forms of relief but they are protection from deportation and allow you to live and work lawfully in the United States. 

 

Even if the Judge grants you asylum (or Withholding of Removal or protection under the Convention Against Torture), the attorney for the Department of Homeland Security has 30 days in which they can appeal that decision. If they do not appeal in 30 days, the Judge’s decision is final. Refer to this document for next steps.

 

Option #2 - Denial: If the Judge denies your application for asylum (and/or any other immigration status that you have applied for with the Immigration Judge), the Judge will order that you be deported to your home country. Only an Immigration Judge can issue an order of removal or deportation. 

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The Judge must state the reasons that you do not qualify for asylum and the facts and evidence that the Judge considered in making their decision. This decision may be issued orally (out loud at the hearing) or may be issued in writing. 

You have the right to appeal any denial within 30 days of the Judge’s decision. 

Importantly, the Judge’s decision will not be final until after the Board of Immigration Appeals decides if the Judge was correct (or 30 days after the Judge issues their decision if you do not appeal). 

Filing a timely notice of appeal will stay your deportation until a decision is made on the appeal. 

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Option #3 - Administrative Decision: Instead of granting you immigration status or ordering you deported, a Judge can make an administrative decision on your case. 

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Usually, a Judge will make such a decision if you ask for it or if the attorney who represents the Department of Homeland Security (or both of you together) ask the Judge to make such a decision. 

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In rare cases, the Judge can make an administrative decision if there are errors or confusion with the documents issued by the U.S. government on your case. 

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The administrative decisions may be to Terminate your case (end the case) or Administratively Close your case (place the case in inactive status but not ending the case).