KENYAN ASYLUM OFFICE AND IMMIGRATION COURT CASES APPROVED MERE DAYS APART

RECENT BACKLOGGED ASYLUM OFFICE CASE:  On April 18, 2014, the Los Angeles District Asylum Office (AO) approved asylum for a young Kenyan whose matter has been pending and backlogged in that office since October of 2012.  Adding to the difficulty of this matter, was the fact that due to the AO's grant of a request for an extension of the original interview date, the AO stopped the applicant's Employment Authorization Document (EAD) clock before the requisite 150 days had expired, cutting off the applicant's ability to successfully apply for an EAD while waiting for a new hearing date.  It takes some discipline and understanding for applicants who are new to the United States and seeking protection here, to maintain their hopeful attitudes when their cases are delayed at the AO in this manner, and they find themselves without the legal means to acquire employment authorization to support themselves while they await their hearings. Nevertheless, this Applicant remained incredibly positive and disciplined while pursuing a bid for protection in the United States, and has received the ultimate reward.  In addition to the approval of the asylum claim, the Applicant should now automatically receive an EAD within 14 business days of approval.

This case was not fraught with a one-year filing bar issue, since it was filed within one year of the alien's arrival in the United States.

IMMIGRATION COURT ASYLUM MATTER:  This morning, I successfully completed trial before Los Angeles Immigration Judge, Sitgraves, in the asylum matters of two other Kenyans who have been with me since December of 2011 (after applying for asylum and conducting their AO interview without the assistance of an attorney resulting in an initial denial of the asylum claim).  I was able to streamline the direct and cross examinations in this matter with the the Government's prosecutor prior to trial, thereby simplifying the process greatly for the applicants.

There was tremendous relief and joy on the part of these deserving applicants, and satisfaction for the legal professionals involved.

I am grateful to USCIS, ICE and the Court for their roles in these matters, and gratified that all of these applicants are now on their pathways to United States Citizenship with complete protection from harm in their native country.

By: Duane M. Hamilton, Esq.