Skip to main content
contact us

Copyright SJKP LLP Law Firm all rights reserved

Case Results

Based on our recently accumulated litigation database, we provide customized solutions based on a thoroughly analyzed litigation database.

Lawyer in Brooklyn New York Securing Long Delayed Family Asylum Protection After Procedural Breakdown



A family that fled severe political and ethnic violence in West Africa more than a decade ago sought urgent legal assistance after receiving a Notice to Appear from U.S. Immigration Court in New York. 

 

Their asylum case had remained unresolved for years due to improper handling by an unqualified representative, leaving the family in prolonged legal uncertainty.


With strategic intervention by a lawyer in Brooklyn New York, the case was fully reconstructed, procedural defects were cured, and lawful asylum protection was ultimately granted for the entire family.


This case study illustrates how precise legal analysis, strict compliance with federal asylum statutes, and timely court engagement can restore protection even after years of procedural failure.

contents


1. Lawyer in Brooklyn New York | Asylum case intake and jurisdictional assessment


Lawyer in Brooklyn New York

 

 

 

At intake, the lawyer in Brooklyn New York conducted a comprehensive review of the family’s immigration history, court notices, and prior asylum filings. 

 

The case fell under the jurisdiction of the New York Immigration Court pursuant to 8 C.F.R. § 1003.14 following issuance of a Notice to Appear.


Initial findings revealed serious procedural defects that required immediate corrective action under federal immigration regulations.



Identification of procedural gaps and ineffective prior representation


The family’s original asylum application under INA § 208 (8 U.S.C. § 1158) had been filed but never properly advanced due to missed deadlines and lack of court follow up.


No lawful withdrawal or denial had occurred, creating a prolonged legal limbo under EOIR procedures.


The lawyer identified ineffective assistance issues consistent with Matter of Lozada standards and prepared corrective documentation accordingly.



2. Lawyer in Brooklyn New York | Legal framework governing asylum eligibility


The legal strategy was grounded in federal asylum law rather than state criminal or civil statutes, as asylum is governed exclusively by federal authority. 

 

The family’s claims were analyzed under INA § 101(a)(42), defining refugee status based on past persecution and well founded fear of future persecution.


Country condition evidence supported claims of targeted violence on protected grounds.



Substantiating past persecution and future risk


Affidavits, medical documentation, and independent human rights reports were compiled to demonstrate past persecution.


Objective evidence satisfied the burden of proof under 8 C.F.R. § 1208.13, showing both subjective fear and objective risk.


Special attention was given to derivative asylum eligibility for minor children under INA § 208(b)(3).



3. Lawyer in Brooklyn New York | Corrective procedural roadmap and court resolution


A clear and time sensitive legal roadmap was implemented to resolve all outstanding procedural issues within one month. 

 

The lawyer in Brooklyn New York coordinated directly with EOIR filing clerks and government counsel to regularize the record.


All motions were filed in compliance with court specific practice rules applicable in New York.



Motion practice and expedited resolution strategy


The legal team filed a motion to recalendar and supplement the asylum record pursuant to 8 C.F.R. § 1003.23.


Deficiencies were cured through amended filings, sworn declarations, and updated biometrics compliance.


The court accepted the corrected record without requiring further continuances.

 



4. Lawyer in Brooklyn New York | Asylum approval and family protection outcome


Following a properly conducted merits review, the Immigration Judge granted asylum to all qualifying family members. 

 

The decision restored lawful status and provided a pathway to permanent residence under INA § 209 after one year.


The family was finally able to secure stability and lawful protection in the United States.



Long term legal stability under federal asylum law


Asylee status authorized employment incident to status under 8 C.F.R. § 274a.12(a)(5).


The family became eligible for federal benefits and lawful travel documentation.


This outcome demonstrates how experienced intervention by a lawyer in Brooklyn New York can reverse years of legal stagnation.


31 Dec, 2025


The information provided in this article is for general informational purposes only and does not constitute legal advice. Reading or relying on the contents of this article does not create an attorney-client relationship with our firm. For advice regarding your specific situation, please consult a qualified attorney licensed in your jurisdiction.
Certain informational content on this website may utilize technology-assisted drafting tools and is subject to attorney review.

Book a Consultation
Online
Phone
CLICK TO START YOUR CONSULTATION
Online
Phone