An Individual Hearing, also known as a merits hearing, is the hearing where you present your asylum case to an immigration judge. During this hearing, you explain your story and the reasons you requested asylum. You may also present evidence, including documents and witnesses, to support your case.
Only you, the judge, the judge’s clerk, the government attorney, an interpreter (if needed), and any individuals you invited are allowed in the courtroom during the Individual Hearing. No one is permitted to discuss your story outside the courtroom.
The judge will first ask introductory questions and introduce the participants.
If you have an attorney, your attorney will then ask you questions.
After you present your story, the judge will usually ask additional questions to clarify certain points.
Next, the government attorney will question you based on your testimony and submitted documents.
The government attorney typically presents arguments explaining why asylum should not be granted.
After the government attorney’s questions, your attorney will have another opportunity to ask questions to further clarify issues raised by the judge or the government.
Based on this hearing, the immigration judge will issue a decision on whether to grant you asylum.
Many people refer to the merits hearing as the final court hearing; however, it is not always the last hearing in the case.
If possible, it is highly recommended to have an attorney represent you at this hearing. Statistics show that obtaining asylum in immigration court without legal representation is very difficult. On average, applicants with attorneys receive positive decisions about twice as often as those without.
If you cannot find an attorney to represent you at the Individual Hearing, you may represent yourself.
Keep in mind that if the judge denies your case at the merits hearing, you still have the right to appeal the decision to the Board of Immigration Appeals (BIA). You cannot be removed while your appeal is pending, but you must begin the appeal process within 30 days of the judge’s decision.
Disclaimer: The information provided here is for general informational purposes only and does not constitute legal advice. Immigration rules may change. For guidance on your specific situation, always consult official sources or a qualified immigration attorney.
