On April 10, 2013, I completed an immigration trial in a Kenyan matter in which the applicants were applying for asylum many years after their arrival in violation of INA 208(a)(2)(B) which requires aliens to apply for asylum within one year of their arrival in the United States. Mercifully, in these circumstances, where the alien has not convinced the Immigration Judge that they qualify for an exception to the one year filing bar, the Immigration Judge may consider Withholding of Removal and Convention Against Torture (CAT) relief, which do not require filing within one year of arrival. Though these forms of relief do not convey as many benefits to the alien as asylum, they protect the alien from being returned to the country of persecution and convey the right to renew the alien's employment authorization indefinitely. Aliens applying for asylum more than one year after their arrivals, must be prepared to entertain the very real possibility that they might not qualify for asylum, and might more realistically qualify for withholding or CAT relief. The job of the attorney and alien is to convince the court that the alien should not be returned to the country of persecution. In this sense, a court which listens to the alien, finds him or her credible, and grants, withholding or CAT, has taken, in most instances, life saving measures for which the alien or aliens should be grateful.
We thank Judge Naselow of the Los Angeles Immigration Court, for granting this relief to our clients.
By: Duane M. Hamilton
