Asylum, Withholding, and CAT

A brief overview of the asylum system in the United States, including how asylum is defined, eligibility requirements, and the application process.

This nuts and bolts week-by-week guide will guide you through all the steps and procedures involved in handling a detained asylum case. Save this and refer to it throughout your work on your case.

This timeline outlines every step that an attorney should take in the Defensive Asylum process.

This one-pager highlights the essential elements of asylum eligibility in the U.S. May serve as a useful reference during interviews with clients.

Immigration Justice Campaign A must-read for anyone working on asylum case, this brief practice guide summarizes the major bars to asylum and provides examples of factors in your client’s case that would warrant further research and analysis as to whether a bar might apply.

Immigration Justice Campaign This brief practice guide summarizes the 2023 Circumvention of Lawful Pathways and 2024 Securing the Border rules and limitations on asylum eligibility, and assists IJC pro bono attorneys with identifying whether their client is eligible to apply for asylum (or must instead seek other eligible immigration relief) and how to apply exceptions […]

Prof. Michele Pistone, Villanova University This video contains a mock asylum hearing. Watching it as you start preparing your case will give you a good sense of the work you will be doing.

Immigration Justice Campaign The Notice to Appear (NTA) is the charging document in immigration court proceedings. Pleading to the factual allegations and legal charges in the NTA happens at a Master Calendar hearing, before an individual hearing is scheduled. This annotated NTA explains the significance of the most important elements of the NTA.

This manual provides a clear step-by-step description of what to expect at the Master Calendar Hearing. Although this manual is written in the asylum context, the information provided is relevant to many types of cases in immigration court.

Executive Office for Immigration Review This video is a mock master calendar hearing in an asylum case from the EOIR model hearing program.

USCIS For many asylum-seekers, this form can be completed online. For more information, see here. A fillable PDF of the I-589 form is available on uscis.gov.

Immigration Justice Campaign A sample completed I-589 (for a fictional client) with detailed annotations that guide you through best practices in filling out the form.

Immigration Justice Campaign Most detained asylum seekers who are in removal proceedings have passed a “credible fear interview” conducted by a USCIS Asylum Officer, soon after they were first encountered by DHS. Your client should have a copy of the decision and the Asylum Officer’s notes. While these notes are sometimes referred to as a […]

Immigration Justice Campaign A sample client declaration with detailed annotations that guide you through how to write a client declaration.

Immigration Justice Campaign Guidance on the types of corroborating evidence you should submit for your client’s Asylum, Withholding of Removal, and CAT case.

Immigration Justice Campaign Practical tips from a clinical social worker who has provided expert testimony in numerous asylum cases about best practices when working with a mental health expert on an asylum case.

Immigration Justice Campaign A sample index of exhibits in support of an asylum application.

Immigration Justice Campaign A sample forensic medical evaluation corroborating an asylum seeker’s injuries and scars.

Immigration Justice Campaign A sample forensic medical evaluation corroborating an asylum seeker’s injuries and scars.

Immigration Justice Campaign Sample certificate of interpretation to attach to an English language document that was read to a client in his or her own language.

Immigration Justice Campaign Sample certificate of translation to attach to a foreign document and its English translation.

Tahirih Justice Center This sample demonstrates one method of organizing a country conditions packet using links to resources rather than printing or attaching entire documents.

This guide links to many reputable sources for country conditions reports, provides helpful samples, and lists additional databases to reference when conducting country conditions research.

Immigration Justice Campaign A sample motion to withdraw as counsel for a client who was released from detention while his removal case was pending.

Immigration Justice Campaign A sample motion to substitute counsel for a pro bono attorney taking over a case from a prior attorney.

Immigration Justice Campaign A motion requesting that an individual hearing be converted to a master calendar hearing, to give the asylum seeker and attorney more time to prepare the case.

Immigration Justice Campaign A motion requesting that a Master Calendar Hearing be cancelled and an Individual Merits Hearing be scheduled, or that a Master Calendar Hearing be Converted to an Individual Hearing.

Immigration Justice Campaign A motion requesting that an individual merits hearing be advanced to an earlier date when client and counsel are ready to proceed on the merits.

Immigration Justice Campaign A sample motion to request that the filing deadline for supporting documents be extended.

Immigration Justice Campaign A sample motion to use to request that the court accept an untimely filing of evidence. As always, make sure to consult the Immigration Court Practice Manual for formatting and procedural requirements for motions.

American Friends Service Committee A sample motion for a continuance at the Elizabeth detention center.

Immigration Justice Campaign A sample motion to change venue. If your client is released from detention while her or his case is pending, he or she will need to file a motion to change venue to the immigration court with jurisdiction over her or his new residence.

Immigration Justice Campaign A must-read for anyone working on asylum case, this brief practice guide summarizes the major bars to asylum and provides examples of factors in your client’s case that would warrant further research and analysis as to whether a bar might apply.

Pennsylvania Immigration Resource Center and Penn State Law A hands-on, practical guide to representing clients in withholding of removal and Convention Against Torture claims.

Immigration Justice Campaign Watch this recorded training facilitated by licensed clinical social worker Aimee Miller and Immigration Justice Campaign Senior Managing Attorney Jocelyn Dyer, as they present best practices and guidance on working with mental health experts on your immigration court case.

Immigration Justice Campaign A sample brief for our fictional client, Julian Ngongbo.

Sample asylum, withholding of removal, and CAT brief, for a transgender Honduran woman, based on multiple particular social groups.

Sample asylum, withholding of removal, and CAT brief and index of submissions, for a journalist from Nigeria who was persecuted on account of his political opinion and nationality. This 2024 sample brief also includes arguments under the 2023 Circumvention of Lawful Pathways asylum limitation rule, including exceptions due to medical emergency, imminent threat to life […]

Sample asylum, withholding of removal, and CAT brief, for a member of the Nuba tribe from Sudan, who was persecuted on account of his political opinion and tribal particular social group. This 2024 sample brief also includes arguments against the firm resettlement bar to asylum and under the 2023 Circumvention of Lawful Pathways asylum limitation […]

Immigration Justice Campaign Sample brief from a client eligible only for withholding of removal and Convention Against Torture protection.

Catholic Charities Community Services This brief is for an asylum claim by a Honduran woman who faced death threats from a gang. The grounds for asylum articulated are a family based particular social group and political opinion.

Immigration Justice Campaign This practice guide provides check lists so that you know what information and documents to review with your client prior to the hearing; what to bring with you; and the types of objections you should be prepared to make at your Individual Hearing.

Catholic Legal Immigration Network, Inc. Direct examination provides the asylum seeker the opportunity to tell their story to the IJ and is critical to the success of the case. This advisory will discuss the basics of direct examination and will give tips and strategies to volunteers.

Immigration Justice Campaign In Immigration Court, closing arguments need to be persuasive, compelling, and concise. This practice guide provides tips on delivering a successful closing argument.

July 10, 2020 – Our panel of experienced asylum litigators will explain how to prepare yourself and your client for direct examination in Immigration Court.

Immigration Justice Campaign You will need to submit a witness list, even if the Respondent is the only witness who will be testifying at the Individual Hearing.

Immigration Justice Campaign This chart contains sample questions and goals for a direct examination in Immigration Court based on a fictional client.

Immigration Justice Campaign What happens after your client wins Withholding of Removal protection? This concise practice guide lays out the benefits and responsibilities attached to a Withholding of Removal grant, including how to obtain work authorization.

Immigration Justice Campaign What happens after your client wins asylum? This concise practice guide lays out all the benefits and responsibilities attached to a grant of asylum, including work authorization, applying for a green card, travel outside the U.S., and obtaining derivative asylum status for the asylee’s spouse and minor children.

Immigration Advocates Network Oct. 25, 2018 – This webinar hosted by the Immigration Advocates Network provides an overview of the different benefits available to people granted asylum in the U.S., including obtaining an unrestricted Social Security number, petitioning for derivative asylum status for spouses and children, applying for a green card, and travel outside the […]

Immigration Justice Campaign What happens after your client wins CAT protection? This concise practice guide lays out the benefits and responsibilities attached to a CAT grant, including how to obtain work authorization.