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ASYLUM GRANTED OUTSIDE THE ONE-YEAR DEADLINE

Updated: Jul 18

AKLAW ASYLUM CASE STUDY


Alina Kaganovsky successfully secured a grant of asylum representing her client who feared returning to Nigeria because she suffered from female genital mutilation ("FGM") as a child. The judge excused the late filing based on the attorney's legal brief and determined that the filing should be considered "timely."

Most notably, on the day of the trial, the DHS attorney did not object to the attorney's evidence and did not oppose the attorney's position on granting asylum. The hearing was concluded within 15 minutes, without the need for our clients' testimony and without questioning the clients. Because of the one-year deadline issue, the judge needed to review the attorney's submissions in order to make a final decision on the case. A written Decision and Order of the Immigration Judge granting asylum was mailed to the firm's offices dated June 29, 2021.

To represent the case, Alina Kaganovsky arranged the following:

LEGAL BRIEF FOR THE COURT AND THE GOVERNMENT

  • Written legal memorandum, including graphic timeline, demonstrating that "extraordinary ordinary circumstances" warranted an exception to the one-year deadline.

  • Submitted full legal analysis in advance of hearing to the judge and the DHS attorney, including nearly 400 pages of evidence.

EXPERT WITNESSES

At no cost to the clients, the attorney brought on expert witnesses to support the case

  • Organized a psychological evaluation by an expert doctor, who wrote a detailed affidavit recommending asylum and was prepared for oral testimony at the hearing

  • An affidavit written by an FGM expert

  • A written declaration by an expert on trauma

MEDICAL SPECIALIST

  • Referred for physical evaluation by board certified medical doctor with asylum expertise who provided written documentation to support the case

The above case study illustrates an asylum matter handled entirely by Alina Kaganovsky, Esq. and is published with the express permission from the clients of Alina Kaganovsky Law PLLC. Past case outcomes do not guarantee similar future outcomes. Each case is different, asylum law is complex, and immigration laws are changing. It is advisable to have an attorney represent you in your immigration matter.

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