How to Represent Yourself in Asylum Deportation Proceedings

Deportation proceedings are heard before an immigration judge.

Asylum is a legal protection offered to persons who are in fear of persecution in their native countries. The protection is based on international law and recognized in certain treaties regarding refugees. The United States law recognizes and grants asylum through an immigration judge after a hearing. If the judge does not find that an asylum seeker is in danger of persecution, the asylum seeker will be deported (removed) and sent back to his native country. During the asylum or deportation hearing, the asylum seeker may seek to represent himself rather than retain legal counsel.

Instructions

1. Notify the court that you will be appearing pro se at the first hearing. Pro se means that you are representing yourself. The immigration judge will look at the record and ask if there has been a notice of appearance (a declaration of who will act as legal counsel) filed with the court. Inform that judge that no notice of appearance was entered because you will represent yourself.

2. Conduct legal research regarding the law for asylum and deportation. Find and read the applicable federal and international law regarding asylum. Use online resources and materials available in law libraries to understand the regulations that apply to your case.

3. Gather evidence and materials. You will need to submit evidence regarding the situation in your country of origin that show that you are in danger or persecution or death if you return. You must have witnesses and other evidence that show the political, religious or social environment that place you in fear of persecution.

4. Prepare your oral argument. You will need to have a convincing argument when you are summoned to the hearing. Cover the main points that show why you will be in danger of persecution if forced to return to your country.

5. Attend the hearing and call your witnesses. When summoned to court, appear at the hearing with your witnesses and evidence. Bring your case by calling witnesses and questioning them.

Tips & Warnings

• If you were previously represented by legal counsel, your counsel must withdraw as your legal representative. This is done by sending a notice to the court. Once the withdrawal is accepted by the judge, you may notify the court that you will begin to represent yourself.

• Asylum law is complicated because it covers both federal law and international law. Consider retaining and attorney to represent you. If you cannot afford an attorney, consider finding a social service agency that provides low-cost legal representation.

References

• U.S. Department of Justice: Immigration Court Practice Manual, Chapter 2
• U.S. Department of Justice: Immigration Court Practice Manual, Chapter 4

Resources

• Asylumlaw.org: Basic Procedural Manual For Asylum Representation