Practice/Asylum & Protection
Practice Area 02
For people whose right to exist here is contested.
Affirmative and defensive asylum, withholding of removal, and Convention Against Torture claims. High evidentiary burden cases handled from intake through federal review.
Asylum & Protection
Asylum is not paperwork. It is evidence, theory, and argument.
An asylum application is a legal argument supported by a detailed factual record. The standard requires proving past persecution or a well founded fear of future persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. That last category is where most cases are won and lost. The definition of a cognizable particular social group has been narrowed and contested in the circuit courts for more than a decade. Getting it right requires knowing the current state of the law in the jurisdiction where the case will be heard.
Jessica Smith Bobadilla has handled asylum cases at every stage: affirmative applications before the asylum office, defensive claims before the immigration judge, BIA appeals, and petitions for review in the Ninth Circuit. Many of the cases we take were previously denied at an earlier stage. We review what happened and assess whether a legal opening exists to continue the fight.
Scope of representation
Every stage of the protection process.
- 01
Affirmative Asylum
Applications filed with the asylum office within one year of entry, including cases involving the one year bar and exceptions based on changed or extraordinary circumstances.
- 02
Defensive Asylum
Cases before the immigration judge where asylum is raised as a defense to removal. Full hearing preparation, direct examination, and cross examination of government witnesses.
- 03
Withholding of Removal
A higher burden than asylum but available to those who do not qualify for asylum or who face certain bars. Critical when asylum is unavailable but return would mean persecution.
- 04
Convention Against Torture
Claims based on the likelihood of torture by or with the acquiescence of the government in the country of removal. A different legal framework that requires different evidence.
- 05
Second Bites and Motions to Reopen
Cases where asylum was previously denied and new evidence, changed conditions, or ineffective assistance of prior counsel provides a legal basis to reopen proceedings.
The particular social group argument in most denied asylum cases was never wrong. It was just never made precisely enough.
How we build a case
Evidence first. Theory second.
- 01
Country Conditions
We begin every asylum case by building a current, specific country conditions record. Generic State Department reports are not enough. We find the specific documentation that supports the specific claim.
- 02
Declaration Development
The personal declaration is the foundation of the case. We work through it carefully, anticipating the credibility questions the immigration judge will raise and addressing them in the record before the hearing.
- 03
Witness and Expert Preparation
Where an expert or corroborating witness will help, we identify and prepare them. Country conditions experts, medical experts, and psychological evaluators each serve different functions depending on the claim.
- 04
Hearing and Appeal
We appear personally at the merits hearing, conduct direct and cross examination, and make the record for appeal in the event of denial.
Begin the conversation
Your case is worth a real look.
Asylum cases have strict timing requirements. The one year filing deadline has limited exceptions. If you or someone you know is facing removal and may have a claim for protection, contact us before that window closes.
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