Who Is Most at Risk of a Deportation Order in an Asylum Case

If you have a pending asylum case in the United States, you may be wondering whether you are safe — or whether a deportation order could be issued against you. According to immigration attorney Ilya Fishkin, the answer depends heavily on how prepared you are and whether your case is properly managed. Some groups of asylum seekers are significantly more vulnerable than others right now.

What the Attorney Says

Attorney Ilya Fishkin identifies several key risk factors that put asylum seekers in danger of receiving a deportation order.

First and foremost, people whose cases are not ready are at serious risk. If you do not have an attorney representing you, the court may assign you hearing dates without giving you adequate time to prepare. Many people in this situation simply are not ready when their day in court arrives — and the consequences can be severe.

A second major risk factor is having an incorrect address on file with the court. Fishkin points out that many people tell the court they live at one address, but actually live somewhere else. As a result, they do not receive their court notices in time. Missing a hearing — even because you never got the notice — can lead to an order of removal being issued against you in your absence.

The third group at elevated risk right now is people who have been arrested. Fishkin notes a clear trend: instead of being given a month or two to prepare their case, detained individuals are increasingly being told they have just a week or two before their hearing. When someone says they are not ready, the court's response is essentially: you have been living in this country for two or three years — why aren't you prepared? The system is showing little sympathy for unpreparedness, regardless of the circumstances.

What You Should Do

Based on what attorney Fishkin describes, here are the most important steps you can take to reduce your risk:

• Make sure your address on file with the immigration court is current and accurate. If you have moved — even recently — update your address immediately. Missing a notice because you moved is not an excuse the court will accept.

• Get legal representation as soon as possible. People without attorneys are far more likely to be caught off guard by hearing dates and deadlines. An attorney can monitor your case and make sure you are not blindsided.

• Start preparing your case now, not later. If you have been in the country for an extended period and have not yet organized your asylum claim, the court will not be sympathetic to requests for more time. Gather your documents, evidence, and any supporting materials without delay.

• If you have been arrested or detained, act immediately. The window to prepare your case may be very short — potentially just a week or two. Contact an immigration attorney right away.

FAQ

Q: Can I get a deportation order just because I missed a court notice? A: Yes. If the court sends a notice to the address you provided and you do not receive it because you moved or gave the wrong address, a removal order can still be issued against you. It is your responsibility to keep your address updated with the court.

Q: What happens if I am arrested and my asylum case is not ready? A: According to attorney Fishkin, there is a growing trend of giving detained individuals very short timeframes — as little as one to two weeks — to prepare for their hearings. The court is unlikely to grant extensions simply because you feel unprepared, especially if you have been in the country for a significant period of time.

Q: Is not having a lawyer really that dangerous for my asylum case? A: Fishkin is clear on this point: people without attorneys are among those at the greatest risk. Without legal representation, you may miss deadlines, fail to properly prepare your case, or be caught off guard by court dates — all of which can lead to a deportation order.

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