
Recently, USCIS has closed many asylum applications without formally notifying the applicants. As a result, thousands of individuals are unaware that their cases are no longer active. This can lead to the loss of legal status, as well as serious consequences such as expedited removal (rapid deportation) and ineligibility for work permits or future immigration benefits.
USCIS often closes asylum applications due to administrative backlogs and communication issues. To reduce the volume of pending immigration cases, USCIS and immigration courts sometimes remove applications from the system through two main procedures:
Common reasons include:
Update (as of July 22, 2025): USCIS changed the filing locations for Form I-589 in mid-2025. As a result, numerous cases were removed from the system due to administrative errors related to this change.
Although this type of closure is not a formal denial, once your case is marked as "closed" in the USCIS system, it may result in the loss of legal status and an increased risk of deportation.
If your asylum application is closed, especially without your knowledge, you may face several legal and procedural risks.
1. Credible Fear Interview (CFI):
If your case is administratively closed, U.S. Citizenship and Immigration Services (USCIS) may schedule a CFI to reassess your eligibility.
Warning: Failing this interview could result in expedited removal, or deportation without a full hearing Even if you pass the interview, USCIS may choose not to reopen your case.
2. Expedited Removal
Applicants who fail their credible fear interviews may be subject to expedited removal proceedings, in which deportation is carried out without a formal court hearing.
3. Risk of Detention:
In recent months, ICE has increased unannounced operations inside court buildings and near courtrooms. Sudden arrests, especially in cities like Houston, have become more common, with four to five cases reported weekly.
4. Consequences of a Closed Case
If your asylum case is closed without your knowledge, any U.S.-based applications you filed during that time, such as for a work permit, social security number, or state ID, could be considered invalid.
This could affect future applications, such as those for an adjustment of status or a green card, as prior actions might be viewed as status violations.
If you suspect that your asylum application has been closed or if you haven't received any updates in a long time—the first step is to check your case status online via USCIS.
Here’s how to do it:
If you believe your asylum case was wrongfully closed, there are several legal actions you can take:
1. File a lawsuit in federal court (writ of mandamus)
Rather than filing in immigration court, you may file a writ of mandamus lawsuit in federal district court.
This legal action asks the court to compel U.S. Citizenship and Immigration Services (USCIS) to take action on your case.
2. Request a Temporary Restraining Order (TRO)
If you are facing immediate deportation, a TRO may help delay your removal.
This emergency motion is filed in federal court and can temporarily stop deportation until your case is reviewed.
3. Request to Reopen the Case
You may request that the USCIS asylum office or immigration court reconsider or recalendar your case.
If ICE or the court has taken action to close or drop the case, you must prepare a legal defense in advance to contest that closure.
4. Work with an immigration lawyer
These procedures are complex and time-sensitive.
Mistakes or delays can lead to permanent consequences, including loss of status or immediate removal.
An experienced immigration attorney can guide you through the process and help protect your rights.
Can I reapply if my asylum case has been closed?
Yes. Depending on the circumstances, a closed asylum case can be revived.
First, determine whether your case was marked as "dismissed" (closed by the immigration court) or "administratively closed" (put on hold by U.S. Citizenship and Immigration Services (USCIS)).
You may:
- File a writ of mandamus in federal court to force USCIS to resume processing your case.
- Submit a request for review to the asylum office or immigration court.
- Prepare legal arguments against ICE’s recalendar motions, if applicable.
What is a TRO request, and what does it do?
A TRO (temporary restraining order) is a legal motion filed in federal court to temporarily stop deportation.
It gives the applicant time to redirect their case to an immigration court or asylum office for proper review.
What is a credible fear interview, and who is called for one?
A CFI is a screening conducted by U.S. Citizenship and Immigration Services (USCIS) for individuals facing expedited removal, often those who entered the country via parole or without a visa.
During the interview, applicants must explain the risk of persecution, torture, or serious harm they would face if they were returned to their home country.
If USCIS deems the fear credible, the applicant may proceed to a full asylum hearing. Otherwise, expedited removal procedures may begin.
What is expedited removal, and how can it be stopped?
It allows the U.S. government to deport certain individuals without a hearing in immigration court.
To stop this process:
What questions does U.S. Citizenship and Immigration Services (USCIS) ask during the credible fear interview?
Officers ask about the risks you would face if you were returned to your home country. Questions often focus on:
- Persecution due to race, religion, political opinion, nationality, or social group
- Past abuse, threats, or violence
- Fear of future harm or discrimination
- Your identity, background, and travel history.
To move forward with an asylum case, your answers must demonstrate a real and reasonable fear of persecution.
We strongly recommend that all asylum applicants check their USCIS case status at least once a month.
Even if you haven’t received a notice, your file may have been closed without your knowledge. This could leave you undocumented and vulnerable to removal.
If your asylum case has been closed or if you are unsure about your immigration status, don’t wait. Contact us immediately:
info@gozellaw.com
+1 (862) 799-2200.
At Gozel Law, we develop personalized legal strategies to help you reopen your case and protect you from removal risks.
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