Maryland Criminal & Immigration Lawyer Blog
Asylum seekers can make many mistakes during the pursuit of asylum status. One of the biggest is pursuing their applications without legal representation. Even with factual evidence the applicant considers a “slam dunk,” the process is often daunting. It can yield an unfavorable outcome for even educated applicants with strong arguments and proof. Statistically, refugees with counsel are six times more likely to succeed than their self-represented counterparts. If you or a loved one is seeking asylum in the Baltimore Immigration Court, retaining a skilled Maryland asylum application lawyer is essential.
Last fall, the Associated Press reported on the case of an Afghan man who sought asylum here in the United States and whose legal odyssey represents a clear cautionary tale about proceeding without legal counsel.
The asylum seeker was a Shia Muslim and a member of an ethnic group with a long history of violent persecution. He allegedly had suffered significant injuries in a 2016 suicide bombing, survived multiple attempts on his life, and continued to receive death threats. In 2022, he entered the United States at the southern border in Texas and was detained there.
The man spoke only Farsi but nevertheless proceeded with his asylum hearing without an attorney representing him. According to the AP, the man, a professor who taught courses in human rights, “believed the details of his asylum claim spoke for themselves.” After all, he had photos of the harm he endured as a result of the 2016 bombing, letters he received containing threats against him, and medical records detailing the head wounds he suffered in 2021 when militants allegedly beat him with sticks.
‘Ill-Equipped… and Didn’t Understand’
The decision to represent himself, according to experts who spoke to the AP, was a massive mistake. Experts who reviewed the hearing transcript concluded that the man “was ill-equipped to represent himself and clearly didn’t understand what was happening.” The hearing took place via video conference and the man’s “words were translated by a court interpreter in another location,” according to the AP report.
Given the challenging logistical conditions, the Farsi-speaking professor stated that he “struggled to express himself,” including the depth of his fear for his life. Those statements, as well as his efforts to explain how his family lived in hiding and how his wife hid her identity beneath a burqa, did not persuade the administrative law judge who heard the professor’s application.
At the three-hour hearing’s end, the judge turned his application down. Making matters much worse, the professor did not learn until after his application’s denial that, during one verbal exchange with the judge, he had waived his right to an appeal. After the judge ruled that the professor had not demonstrated the degree of persecution required by U.S. law, the professor kept arguing his case. The judge asked the man if he planned to appeal or waive his right to such action. The frustrated professor kept telling his story and the judge again asked “Are you going to appeal or not?” The exasperated professor answered in the negative.
The professor’s story thankfully did not end there. A human rights organization became involved and they, along with a Dallas-based immigration attorney, got the man’s application reopened. Most self-represented refugees are not so fortunate. Ill-fated and ill-conceived decisions to proceed into asylum hearings without legal representation often end – just as this professor’s hearing did – with unfavorable results, leaving those other unsuccessful applicants with few choices… and none of them good.
The Baltimore Immigration Court is one of the best locations to pursue an asylum case but proceeding without legal representation is still extremely risky. Representing yourself substantially raises the odds that the judge will not grant your asylum application. With so much at stake, it pays to do everything possible to strengthen your chances of receiving asylum, including retaining counsel. The knowledgeable Maryland asylum application attorneys at Anthony A. Fatemi, LLC are here to be the effective advocate you need and ensure you have every opportunity possible to succeed. Contact us today at 301-519-2801 or via our online form to set up your consultation to find out more.