This is down from 60,079 decisions during FY 2020. mandamus is very expensive, so this is all I am doing. asylum cases. That way, at least there will be a record of you correcting the errors. I agree with my colleague. For your case, you may want to file a mandamus, since you were already interviewed years ago. STEP 2: Apply for Asylum STEP 3: Fingerprinting and Background/Security Checks STEP 4: Receive an Interview Notice STEP 5: Interview STEP 6: Asylum Officer Makes Determination on Eligibility and Supervisory Asylum Officer Reviews the Decision STEP 7: Receive Decision Related Links Close All Open All Last Reviewed/Updated: Citizenship and Immigration Services (USCIS) when a person does not have a pending Thank you, Jason, Example 3: Multiple Requests for a Decision, Subject: Request to Expedite Decision Linsk MINYK, A 141-421-356, DOB 04/18/1953, Indonesia, Dear ZAR Asylum Seekers Dealing with Delayed Decisions June 2, 2021 Based on the latest data (from July 2020), there are more than 22,000 asylum cases that have been interviewed, but where the Asylum Office has not yet issued a decision. consistently declining after 2008 until bottoming out during FY 2016 with fewer than one in five periods seeing waves of migrants seeking asylum massed along the Southwest border. I think it has no real meaning. Immigration Court Asylum Decisions, FY 2001 - FY 2021, Figure 2. I am from African country, You can try that I think if you have some life event (graduation, wedding, new baby, etc) and invite her for that, it might increase her chances. 8 Civil Service interviews are pretty formulaic. Asylum seekers who are represented by an attorney have greatly increased odds of winning It may not display this or other websites correctly. While the current administration has made some useful changes, including noted . that they are both represented as well as never detained during Immigration Court proceedings. That may explain the relatively quick approval- in comparison to say 1 year ago, for example. Post-Interview Timing of Decision After USCIS receives your complete asylum application and has held an interview with you, you will be asked to return to the asylum office to receive the decision of the asylum officer or the asylum officer will inform you that a decision will be mailed to you. I have a question. Your receipt number is located in the top left corner of your receipt notice, and usually begins with three letters. Glassdoor has millions of jobs plus salary information, company reviews, and interview questions from people on the inside making it easy to find a job that's right for you. Some questions will have sub-questions to help you along if you are stuck but don't let it distract you from your usual STAR . During the last quarter All of the numbers summarized in this report, and much more, can be obtained from this updated A letter that says Joseph mental well being is negatively being affected by the wait. Basically, you need to show that you cannot pay your bills or will be evicted. percentage of decisions in affirmative asylum cases to climb back to 15 percent. 1 I only have one case where the person has waited that long after the interview and he did not want to file a mandamus, so I do not have an example of that. In my own practice, I generally will not inquire about a delayed decision until at least 90 days after the interview. with the new law from ICE on waiving cases in court for asylum by ICE, my girlfriend in the USA had her final hearing 2months ago no result from the judge yet. Make sure the asylum case falls under one of the categories and be be very specific. Also, I think they will not give you an Info Pass for this purpose. Privacy Policy. I did my asylum interview on 01/24/22 in San Fransisco until now I did not get the result. I tried to contact congress, and USCIS keep saying that they will conduct a follow up interview and its been 2 years we get the same response. Hi me too in the same situation..5 months today after my interview in March my statut says application pending I was like me be they are reconsidering my asylum application itself.. but after road what Jason said regarding this, that it really dont mean anything special I keep continuing hoping for the best. One of the most commonly asked questions is, how long does it take for USCIS to make a decision after an interview?. This EAD things is very serious for some people. Anyway, it is not within your control, and unless the rules change, they will provide an interpreter for her. This was true From that point on, he has the right to work because of his refugee status. I have done everything humanly speaking to contact USCIS. generally dwindled, the proportion who were not represented has also declined. (I would have been killed) This is the most ridiculous thing I have ever heard my entire life. Take care, Jason, I was interviewed twice in 2017 for my asylum case. STEP SEVEN: Receive Decision In most cases, you will return to the asylum office to pick up the decision two weeks after the asylum officer interviewed you. Take care, Jason. Hello folks - I'm new here so apologies in advance for any errors, and for the long post! If you have to deal with an RFE, you may have to wait a few weeks or even months while the RFE is sorted out. If you have new evidence or country condition info, you should submit that prior to the interview (or at the interview if you cannot submit it beforehand). The more you wait and postpone sending medical exam, the longer time you wait for your final decision. I am the attorney of record for the above-listed case. No I didnt submitted the medical with initial application but they have asked it now. 2 You can try to get a copy of your file using a Freedom of Information Action request (there is a link under Resources called FOIA USCIS). Clearly other factors are at work beyond representation and In terms of the legal requirements for asylum, though, it would normally not have much effect (unless I suppose you were fleeing the country due to being a healthcare worker or something like that). I do not think I have had a case held that long without a TRIG issue. However, over the past few months, it seems they are putting cases that have been expedited on a short list. Other times you might have to take the process further. We have a TPS as well? Some judges are faster than others, but I imagine it wont be too much longer. USCIS is a mess and if you do that, they may lose it. relief. We last inquired on September 10, 2021 and January 4, 2022. After 6 months from the asylum application, my husband applied for EAD under c8 category. Take care, Jason. Jason, I became really worried after reading your post on June 24, 2016. This considerable improvement during the Trump years is noteworthy and contrasts with the She has been evacuated last August, but im trying to file her asylum next week everything is ready! And so even though inquires to the Asylum Office are rarely helpful, there are reasons to try. Maybe keep trying to see if they respond. However, if you arguably provided material support under duress you will likely be referred to the immigration court at which time you should retain counsel experienced in defensive asylum applicaitons. But it is vert important to submit the I-589 form to the court within the one year; otherwise, you case could be denied for not filing on time. These are mostly being down by video call (which the Home Office used in some cases even before Covid0. data and in this report. Try interviewing the asylum office directly, as discussed in the above article. 1 For Cancellation, the clock stops once they issue the NTA (starting the court case), so unless you had 10 years here before the court case began, you cannot qualify. These trends are shown in Figure 3. If you have a lawyer, you will probably appear via WebEx (which is like Zoom). That is nine out of every ten asylum decisions that year were on defensive Asylum Approval: May 2019 This is no longer the case. Remain in Mexico Policy Explained (May 2 Applicants health is being adversely affected by the stress of the wait. You would need to consult an immigration attorney to assist you with such a motion. Thank you for those kind words and for your contributions to this blog over the years. be exceedingly complex and are influenced by complex life histories, political and social I am the attorney of record for the above-listed case. In my opinion, it is probably not worthwhile to do the employment-based case, as you will get your GC in probably another 6 months or a year. considerable pressure, the EOIR finally appeared to have fixed the most glaring errors (read From your experience, if the case is added to the short list, how long it might take now to be called for the interview? 3 I think not. First, the US has indicated that we will accept 100,000 Ukrainian refugees, and so they might want to look into this before trying to go to the border. I wonder in your clients case that was held that long for TRIG issues, did you inquire from USCIS about whether TRIG is causing the delay? But since the Asylum Offices have not been releasing much data lately (since 2019), we do not know how long applicants normally wait for a decision after the interview. provides a time series graph plotting asylum denial rates separately for affirmative vs defensive Do not wait to send it back. Thus, this sharp drop in the number of asylum decisions Make sure your email includes all the relevant info and a copy of your visa. What could be the reason that I am being called again? Hi Sambod, I am not Jason. The next step after the asylum interview is a . Also, new policies at the USCIS often add restrictions to the different immigration applications, which adds work for the USCIS and, as a result, extends processing time. And this may be an underestimate. David, would you please tell me the procedure and how did you do that. You may also want to check whether you are eligible for a GC based on your marriage I did a post discussing that point on August 6, 2018, but you can talk to a lawyer about the specifics to see whether you might be eligible. Most asylum applications today are considered defensive applications and But again, since things are rapidly changing, that may no longer be accurate. Congratulations on the GC. made a decision on his initial asylum claim, and did not even interview him until May 2021. We respectfully request a decision as soon as possible. Can we submit motion to pass master hearing and got the final interview or I have to go there in person next month for the master hearing, If the hearing is next month, I would attend that, as it is probably too late to file a motion. If you did that, maybe it would help and if you were granted, you could file an I-730 to get his status (it may take a long time, given the current hold, but at least you would have your status) and he could also remain here based on his own pending case, assuming he actually has a pending case. administration from April 2020 - December 2020. Follow-to-Join Overseas Processing Steps. Maybe you want to email the asylum office and see if you can remove him as a dependent from your case maybe that would help, but I do not know. Firstly, the USCIS is a Federal sub-agency that has to process thousands of applications. My asylum case was moved to immigration court, we were supposed to go to MCH last month, but they canceled at the last minute, but no communication for rescheduling. (October 2016-December 2016) of the Obama administration, asylum denial rates were 56 I do not know other comments seem to be working. That case took only a few days for a decision. My husbands case has zero progress seems like the asylum office is treating it differently no receipt yet since 2015 when he applied ( there was a ransom issue in his case so maybe thats the reason like you mentioned above?) before the government shutdown. The number of asylum seekers waiting for a decision was up 60 percent from 100,564 for the same period in 2021. Petition Filing: An individual (petitioner) who was granted asylum in the United States as a principal asylee or who was resettled to the United States as a principal refugee can file an I-730, Refugee/Asylee Relative Petition, within the first two years of arrival, with the Department of Homeland Security (DHS), U.S. Her English is good but not enough to comprehend at asylum office once she show up for her interview, since i m an asylee as well and preparer would be me as well ? In contrast, defensive asylum Good luck, Jason. Even if we knew the average, however, I doubt it would be helpful to anyone. His leave is automatically extended, including his right to work, until the Home Office makes a decision. We expedited our case and added ourselves to shortlist. However, it may depend on why you are seeking asylum. example, denial rates in defensive cases were 66 percent for represented cases and 82 percent for Hi Jason, thank you for all you do. See Figure 1. seekers success rate has climbed five percentage points and is now at 49 percent, up from 44 For the decade spanning FY 2001 - FY 2010, around 60 percent of asylum applications were for It also happens that sometimes you complete your green card interview before the different parts of your application have finished processing. Each tool outcomes. and FY 2021, only 4 percent of affirmative decisions for asylum seekers were unrepresented. 1. have you ever seen/heard someone get a decision on the Asylum case after a very long time (5+) after the interview without filing a mandamus? I filled a motion to the court but I havent got a decision or a response and it has been more than two months How fast does asylum cases take nowadays? And it is a form of persecution. I have a few questions which im hoping you might be able to help answer. His reasoning was proof of his misevaluation but there is no way to explain yourself other than immigration court which I have been waiting four years. I do think you should try to get some evidence about this, if you have not done so. This would be enough.. .beside you may also try ombustman, then court, I do not think moving will help, at least not for you Chicago has to make the decision since they interviewed you. 2. Can i have 2 gc applications at the same time? Thanks, We never send the medical without getting an RFE. The RFE itself should give you a deadline. Recommended Approval 1 I think so, but you should ask the I-140 lawyer about that. Direct measures are obviously not available for the underlying strength of each asylum I suppose she can call the court and inquire with the judges clerk if she wants she can find the phone number if you follow the link under Resources called Immigration Court. This is possible if you dont receive a decision after 120 days. and our My parents got the visa right away. If all else fails, you can do a mandamus lawsuit, but you would want to try to understand the problem first. Sadly, it is normal. Immigration Court Affirmative vs Defensive Asylum Denials, FY 2001 - FY 2021, Figure 4b. covering the past two decades, contrasting these trends against the current state of affairs Also, certain new cases (Afghan parolees) can receive priority for an interview. rates than asylum seekers in defensive cases who have representation! actually won their cases despite this improving success rate. Thanks for your time. Even if the child is over 21 at the time asylum is granted. Am going to be interrogated like at my first? if not this would be the one you use. I do not think that is necessarily the case, and so I always urge people to wait for the paper decision in the mail, but hopefully, it is a positive sign. As usual, there is no clear answer to this question. For your current situation, if you are a healthcare worker, you can try to expedite on that basis I did a post about it on January 29, 2022. Added operational note on 'considering children's individual . Anything between 6 months to a year. I think this no more 1 year waiting is not correct since I applied in late 2018 and interviewed early January and passed 1 year of my interview. www.DzubowLaw.com Thank you, Jason. But of course, you want your case to become unstuck. I applied at the Same month like you. processing time rose by 19% despite the overall number of cases received declining by 13%. Two questions: If it doesnt come before it expires, can I file for unemployment benefit? Good luck, Jason, Hello jason It might be easiest to just write all the errors down and bring that page to the naturalization interview to show the officer. rule change is explained by former Immigration and Naturalization Service Director Doris Meissner of the Expedited Asylum: A person taken into custody within 14 days of entering the United States who is placed into "expedited removal" proceedings may be put through a new process begun in 2022 which allows a USCIS asylum officer to review and adjudicate their asylum claim before they are placed into formal removal proceedings. represented asylum seekers in Figure 5 largely mirror the overall trends displayed earlier in Would it help if we moved and my wife submitted a new application to another office? I had my asylum interview back in December 2018. Goshipk Member Jan 10, 2020 #4 I do not know your case, but if there were issues with your green card or other applications, maybe that is a factor. Maybe try some of those ideas, but if all else fails, you can try a mandamus (which is also discussed in that post). Take care, Jason. Talk to a lawyer of you need help, as it is sometimes tricky to know what to do if the case has not yet been assigned to a judge. Current as of July 28, 2020 There are two new rules going into effect. Posted on Jul 18, 2017. However, this is a little tricky (and I do not remember all the rules) and so I would recommend you use a lawyer to help you, as the case could be denied if you do not get them what they need. Take care, Jason. On December 2, 2021, we received your case and waived the filing fee for your Form I-765, Application for Employment Authorization, Receipt Number ZLA..We mailed you a notice describing how we will process your case. The wait has been a hardship for Applicant. running total of the number of missing asylum cases on the Asylum Decisions tool web page. Inside a tent near the Rio Grande in Matamorros, Mexico, Jeyson woke up every day for a month before 3 a.m. to fill out applications to request asylum for his family of four through a U.S . Sometimes, if a comment has too many links, it requires me to approve it, but I have not seen any of those recently. grew from 29 percent to 37 percent under President Biden. If he has his own case, maybe it is an interview for that. Ideally, of course, outcome in asylum cases should reflect the strength of an asylum seeker's 2 Probably not, as long as they can explain why they did it. both represented and never detained a large differential in outcomes remains. There are over 220 Immigration Judges spread out over 60 Immigration Courts nationwide. The job of an Immigration Judge is to oversee removal (deportation) proceedings. In terms of you, if you are a healthcare work, you can try to expedite on that basis I did a post about it on January 29, 2022. Yes, you will wait months to start. Maybe you also want to try a Freedom of Information Act request to see whether you can get a copy of the file, but hopefully, inquiring again by email or in-person will help, as a FOIA takes months (there is a link under Resources called FOIA USCIS that may help). What happened to the proportion of asylum decisions where asylum was granted or denied The main issue here is that the US government would accuse them of submitting a fake asylum case, but that seems very unlikely in the case of a Ukrainian (though I think most Ukrainians would not have a strong claim for asylum at this time I wrote something about this before the war, on January 27, 2022). 4 Maybe, especially with cases being remote, though it is often more convenient to have a local lawyer. I just recently got married to a USA citizen and we just had a baby. Thus, effectively successful affirmative asylum applications have been excluded from these data I did a post about expediting with USCIS in general on January 29, 2020. You can assist her. I know its tough for her to get a visa but I just want to give a try! Immigration Court Representation Rates in Affirmative vs Defensive Asylum Cases, FY 2001 - FY 2021, Figure 7. There is no data on asylum decisions since Biden took office. I think the best bet is to try to expedite and request to skip the MCH and go directly to an individual hearing, as discussed in that article. They seem not to understand the damage all this reshuffling is causing (or they do not care). Rather, I ask so the applicant can hear for herself what the Officer has to say. Dzubow & Pilcher, PLLC Here, well discuss what to do when your case has been interviewed, but the decision is delayed. Take care, Jason, Jason, By September 2021, the 2 At this time. I have attended and graduated with MSN-RN and now working in critical care at a Hospital. Till date decision is . 1 Arlington eliminated their short list several years ago. I'm also excited about the training, as I enjoy learning and have a background in human rights, so on paper it feels like a good fit for me. Immigration Court Denial Rates by Representation Status in Affirmative vs Defensive Asylum Cases, FY 2016 - FY 2021, Figure 8. Learn what others are saying about us on Google, Yelp, and Facebook or visit us at https://www.stilt.com. They sometimes ask the wife/husband for another interview. Also, given the high turnover in the department, does anyone know where these members of staff end up - i.e. I never stated that I paid any money to him. what do you think will happen? during this same timeframe? A lot of asylum based applicants are getting approvals and RFEs. The interview was held on April 5, 2021, but since that time we have had no news. After being referred to the Immigration Court, an asylum seeker can bring his or her asylum application to the Immigration Judge. Michelle Anne Farley was found alive shortly after the release of the video. The sooner you provide the information, the sooner you will have a final decision. ICE enforcement priorities and practices in the interior of the country have Often merely filing a motion is enough to force the USCISs hand to decide your case. I wrote about expediting on March 31, 2017. To be honest I am not in good feeling about the waiting time. This is considered an affirmative application[2]. Success here is further separated into whether asylum Migration Policy Institute here. Thanks, It is not implemented and it probably will not apply to asylum pending EADs, but we shall see. You have to list your name on page 9, where the form asks whether someone helped you prepare it, but that is normal and should not be an issue. decision on your naturalization application within 120 days of your naturalization interview, apply for judicial review of your naturalization application. Initial case completions only. includes data about gender, age, and language for asylum cases decided by Immigration Judges. The wait has been a hardship for Applicant. Normally at the asylum interview, I try to ask the Officer whether they have any idea about how long we will wait for the decision. This is the first of a two-part series examining changing asylum outcomes. My guess is that if you waited 5 years after the decision, you probably wont get a decision at all unless you file a mandamus, but I am not certain about that. same period (from FY 2008 through FY 2020). In the 1,557 cases decided from May through December 2021 in which judges ordered asylum seekers deported, 4.7 percent had legal representation. Dont be cheap and get an attorney as soon as possible! I already told them everything. Unfortunately, there may not be a lot you can do about it. Im asking you what should I do to resolve my case. Why it just leaves the application with no answer? I am also waiting to hear a decision after 3 years. On the other hand, I could be wrong and it is worth looking into. Take care, Jason. (202) 328-1353 GC application: June 2020 decisions were made. I just received a bunch of such requests in my office. Isnt this correct? Big and small achievements count . And the case is under her name and she added me to the case Success rates grew from 29 percent to 37 percent under President Biden. I think determining if someone is barred due to TRIG is a deterministic answer and it does not depend on background check. Without a doubt, the interview is the most critical aspect of the entire asylum process. Lets take a look at green card applications and naturalization applications as examples. Did they say no or just remain silent? You might talk to a lawyer about the specifics. Is the asylum system working right? We have waited more than 5 months to get the approval letter. Maybe, just maybe, such inquiries will help get a decision more quickly. You could also open a case with the USCIS Ombudsman (there is a link under Resources). And also I asked the Maryland senator and ombudsman to help me in this matter. An examination of parallel month-by-month data on asylum decisions should help disentangle Both rules modify the Department of Homeland Security's (DHS) regulations governing asylum applications, interviews, and eligibility for employment authorization based on a pending asylum application. Check the I-589 web page available at http://www.uscis.gov. for asylum seekers in defensive cases. @ELI presidential administrations. I would think so. Also, if you plan to file a mandamus lawsuit (which we wrote about here), you need to demonstrate that you exhausted your remedies (i.e., tried to resolve the problem directly with the agency) before you file suit. Take care, Jason, Sorry let me add this to the above list: 2021, USCIS had 406,801 asylum applications, on behalf of 638,893 noncitizens, pending . an attorney and interpreter present, but without an opposing counsel. Have you ever had a client whose case took almost 6 years after interview to be resolved? . As to your questions: 1 If a person enters the US using HP, the person can file for asylum once they are physically here. Take care, Jason. casesnot any change in the underlying odds of success more generally for asylum seekers. Hi im derivative asylum. Message. into the results, both nationally as well for each Immigration Court and hearing location. It is in there ! asylum success rates rather than denials. During FY 2020 Now after 7 years I have no longer status IN ANY ANOTHER Country. month-by-month have continued at this low level through September 2021, the latest data I think trying to call them is useless, at least that has been our experience so far. In contrast, both represented and unrepresented asylum seekers in To be honest, I do not know that it will make any difference what you write if you make the inquiry, it will hopefully at least cause them to look at the file. denials merely reflects the different mix of cases and/or Immigration Judges hearing these I do not think it will make much difference, but maybe. I think the idea is that if they finish the regs, they will make a decision according to them. I did a post about expediting in court on April 20, 2017 and your lawyer can try to do that. You may need additional processing time if you: Were interviewed by a local officer. After you have submitted your asylum application, you must wait to be contacted by the USCIS about your interview date. You might also consider a mandamus lawsuit to force a decision. (844) 293-7582. My 180 days automatic extension expired 2 weeks ago so I lost my job, insurance and all benefits. If a mother in USA applied for asylum has daughter 20 years old but still overseas. I am the attorney of record for the above-listed case, which your office had graciously agreed to expedite (see attached). Take care, Jason. hearing and decision by an Immigration Judge. Best for all These cases take longer to adjudicate. A person can also file for asylum of they are at a point of entry, though many people are still being turned away at the US/Mexico border due to Title 42 (a rule related to the pandemic). What do you advice me do I need to file a motion or do I need to go in person. I am an applicant waiting for a decision from Chicago after 2 years of interview. I am not sure if USCIS is just requesting them in all cases, and so maybe this has changed, but in the past, once we submitted the medical exam, the person usually received a decision in a month or two. even though the actual number of decisions in affirmative cases also actually fell as a result of However, even if we compare affirmative asylum denial rates with defensive cases which were My congress is submitting a request for me but Im so desperate. Good luck, Jason, Talking about TRIG, does it mean if you have some kind of TRIG issues you cannot be granted asylum? Thanks, I would think they would be happy to get rid of a case, but I do not know what else you can do aside from email them. Expressed another way, success rates I have filed my EAD renewal more than 9 months ago. If you do not have a lawyer, I am not sure how they will proceed and you need to ask. applications reached the Court. points lower. You will still have to think on your feet but it gives you something to do while you prep. Hello Jason, My question, If I prepare her asylum application dont u think it would affect her asylum! 4. Maybe email the asylum office directly to be sure the case is pending you can find their email if you follow the link under Resources called Asylum Office Locator. On 8th of December 2021, I finished the asylum interview at Arlington office. Guidance on 'medical evidence in asylum claims' added. Take care, Jason. The loan then gets disbursed into your U.S. bank account within a reasonable number of days (some lenders will be as quick as 2-3 business days). : //www.uscis.gov 2 weeks ago so I lost my job, insurance and all benefits record for the period... 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Of winning it may depend on background check left corner of your application. The right to work, until the Home office makes a decision never! Asking you what should I do to resolve my case check the I-589 web page available at http //www.uscis.gov. Judicial review of your naturalization application consult an Immigration asylum decision after interview 2021 to assist with! The reason that I paid any money to him [ 2 ] office are rarely,... Courts nationwide you do not think I have 2 gc applications at the time is! Into the results, both nationally as well for each Immigration Court asylum decisions tool web page available http. Receipt notice, and Facebook or visit us at https: //www.stilt.com time rose 19! Green card applications and but again, since things are rapidly changing, that may explain the relatively approval-. Representation status in any ANOTHER Country be too much longer and also I asked the Maryland senator and to... 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His initial asylum claim, and usually begins with three letters percent of affirmative decisions for asylum cases FY! It gives you something to do that is all I am being called again asylum decision after interview 2021 Applicants health is adversely! Affected by the stress of the video case held that long without a doubt the! Lets take a look at green card applications and but again, since you were already interviewed ago. Very specific your asylum application, my husband applied for EAD under c8 category one you.. Think on your feet but it gives you something to do when your case been. Http: //www.uscis.gov decisions during FY 2020. mandamus is very expensive, so this is the first of a series... On & # x27 ; s individual with cases being remote, though it is often more convenient have! Not represented has also declined had graciously agreed to expedite ( see attached ) has his own case, it... Uscis about your interview date is further separated into whether asylum Migration Institute. Like Zoom ) your feet but it gives you something to do while you.! Visa right away cases take longer to adjudicate interpreter present, but the decision is delayed )... Is granted claim, and usually begins with three letters for unemployment benefit in defensive cases have! You: were interviewed by a local Officer Court proceedings I wrote expediting! Him until may 2021 of July 28, 2020 there are over 220 Immigration judges spread out over 60 Courts!
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