Can You Postpone an Asylum Hearing If the Judge's Approval Rate Drops?

When asylum seekers learn that the judge assigned to their case has seen a sharp drop in approval rates, panic often follows. Is it possible to delay the hearing and get a different — perhaps fairer — outcome? Immigration attorney Ilya Fishkin, admitted to the New York Bar with over 20 years of experience, addresses this question directly.

What the Attorney Says

According to Fishkin, the decision to seek a postponement in this situation comes from a real concern: when a judge's approval rate drops dramatically, it raises serious questions about objectivity. Attorneys do consider rescheduling as a strategy precisely because the current environment may not reflect a fair assessment of a case.

However, Fishkin is candid about the limits of this approach. To postpone a hearing, you need a valid, substantive reason — the court will not grant a continuance simply because you are unhappy with the assigned judge or concerned about statistics. If you cannot present a compelling legal basis for the delay, the motion is likely to be denied.

There is another layer of uncertainty even if a postponement is granted: there is no guarantee the case will be rescheduled far enough into the future to make a meaningful difference. The new hearing date could be just as soon as the original one, leaving the applicant in essentially the same position.

What to Do

Given these realities, Fishkin points to one clear and actionable path forward:

• Consult with your immigration attorney about whether a valid legal reason for postponement exists in your specific case. Do not assume a continuance will be granted — your attorney needs to evaluate the actual grounds.
• Do not rely on a postponement as your primary strategy. Even if a delay is possible, it may not provide the protection you are hoping for.
• Focus on maximum preparation. In Fishkin's own words, "the best antidote to this kind of situation is simply to prepare as thoroughly as possible for the case — in order to win." A well-prepared, well-documented case is the strongest defense regardless of who the judge is.

If you do not yet have legal representation, this is the moment to seek it. An experienced immigration attorney can assess your specific circumstances and advise on the best course of action.

FAQ

Q: Can I request a different judge if I believe mine is biased? A: Fishkin does not address a formal process for reassigning judges in the interview. What he does make clear is that postponing a hearing — which might indirectly result in a different judge — requires a valid legal reason. There is no guarantee of reassignment even if a continuance is granted.

Q: What counts as a valid reason to postpone an asylum hearing? A: Fishkin does not list specific qualifying reasons in this interview, but he emphasizes that the reason must be substantive and compelling. A general concern about the judge's approval rate, on its own, is unlikely to be sufficient.

Q: If postponing isn't reliable, what is the best strategy? A: According to Fishkin, the most effective approach is thorough preparation. Winning the case on its merits — with strong evidence and solid legal arguments — is the most dependable path, regardless of the judge's recent record.

Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.