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Understanding the different types of asylum hearings

The asylum process can be different for everyone. One thing that most cases have in common, however, is that there will probably be an asylum hearing. An asylum hearing is a type of court hearing in which an immigration judge issues a ruling regarding an individual’s asylum process.

If you are seeking asylum, you may be wondering what kind of hearing you will eventually have. In this post, we’ll go over the different types of asylum hearings in the United States:

  • Bond Re-determination Hearings

These asylum hearings determine whether the court should lower the bond for an individual who has been detained by DHS. Generally, this type of hearing is informal and is not related to the removal process.

  • Rescission Hearing

In a Rescission Hearing, the court determines whether to rescind the residency status of a permanent resident who may not have been entitled to it in the first place.

  • Withholding-Only Hearing

If an individual has been ordered for removal, a withholding-only hearing can determine whether they are eligible for withholding of removal under Section 241(b)(3) of the Immigration and Nationality Act or the Convention Against Torture.

  • Asylum-Only Hearing

Someone who is not entitled to a removal hearing but has a well-founded fear of persecution in their country of origin may have an Asylum-Only Hearing to determine whether they are eligible for asylum.

  • Credible Fear Review

A Credible Fear Review will decide whether a foreign national who is in expedited removal has a credible claim of persecution or torture in their home country.

  • Reasonable Fear Review

For individuals who are in the removal process and have been previously removed from the country, a Reasonable Fear Review will determine whether they have a reasonable fear of persecution or torture.

  • Claimed Status Review

A Claimed Status Review is used when someone in expedited removal has a potential claim to citizenship, permanent residence, refugee status or asylum status.

  • In Absentia Hearing

In some cases, an individual who is not scheduled for a court hearing may be removed in absentia—that is, without being in court. This may occur if DHS has served the individual with a written notice for the hearing, and has evidence that the individual is removable.

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  • State Bar of California | California Board of Legal Specialization
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