Lost asylum case in immigration court: appeal or federal court?
Losing your asylum case in immigration court isn't the end — appeals to the BIA and federal courts remain options. Attorney Ilya Fishkin explains what comes next and why federal court, though costly, may be where real justice is found.
Lost Asylum Case in Immigration Court: Appeal or Federal Court?
Losing an asylum case in immigration court is one of the most frightening moments an immigrant can face. But a loss at that level does not necessarily mean the end of the road. Understanding what legal options remain — and what each one realistically involves — can make all the difference in deciding your next move.
What the Attorney Says
According to immigration attorney Ilya Fishkin, who has practiced immigration law for over 20 years and is a member of the New York Bar, the situation in immigration courts has become deeply troubling. In his view, immigration judges have effectively stopped acting as neutral arbiters. "From my perspective, judges have become not judges, but executioners," he says — a stark assessment that reflects how difficult it has become to win asylum cases at the trial court level.
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Given that reality, Fishkin explains that the next step after a loss is an appeal to the Board of Immigration Appeals (BIA). This is the standard appellate body within the immigration system and the first place a losing party can challenge the judge's decision.
However, Fishkin is candid about the limits of the BIA process. In his view, the place where a person can truly find justice is the federal courts. That said, he is equally direct about what reaching federal court requires: you have to work your way up through the system first — you cannot skip the BIA and go straight to federal court. And once you get there, federal court litigation is, in his words, "very, very expensive." Unlike immigration court proceedings, a federal court case costs significantly more, and not everyone can afford it.
What to Do
Based on what attorney Fishkin describes, here are the steps that follow a loss in immigration court:
Do not give up after the immigration court ruling. A denial at this level is not the final word. The appeals process exists precisely for situations like this.
File an appeal with the Board of Immigration Appeals (BIA). This is the required next step within the immigration system. You must go through this process before you can access federal courts.
Understand that federal court is an option — but a costly one. If the BIA does not rule in your favor, federal court is where Fishkin believes real justice can be found. However, be prepared for the fact that federal court representation costs significantly more than immigration court proceedings, and not every family will be able to afford it.
Consult with an experienced immigration attorney as soon as possible. Given the complexity and cost of the appellate process, professional legal guidance is essential at every stage.
FAQ
Q: If I lose my asylum case in immigration court, is it completely over? A: No. Attorney Fishkin explains that after a loss in immigration court, you can appeal to the Board of Immigration Appeals (BIA). If that also fails, federal court remains a potential avenue.
Q: Do I have to go through the BIA before I can go to federal court? A: Yes. According to Fishkin, you have to work your way up through the system — federal court is not a direct first step after an immigration court loss. The BIA appeal comes first.
Q: How much does it cost to take an asylum case to federal court? A: Fishkin describes federal court as "very, very expensive" — significantly more so than immigration court. He notes that not everyone can afford it, which is a real and serious barrier for many immigrant families.
Based on an interview with immigration attorney Ilya Fishkin, NY Bar. This information is for general purposes only and is not legal advice.
Frequently Asked Questions
If I lose my asylum case in immigration court, is it completely over?
No. Attorney Fishkin explains that after a loss in immigration court, you can appeal to the Board of Immigration Appeals (BIA). If that also fails, federal court remains a potential avenue.
Do I have to go through the BIA before I can go to federal court?
Yes. According to Fishkin, you have to work your way up through the system — federal court is not a direct first step after an immigration court loss. The BIA appeal comes first.
How much does it cost to take an asylum case to federal court?
Fishkin describes federal court as "very, very expensive" — significantly more so than immigration court. He notes that not everyone can afford it, which is a real and serious barrier for many immigrant families.