Asylum Appeal After Denial in Glendale: Options for Armenian-Arab Refugees

Quick Answer

Glendale is home to one of the largest Armenian communities outside of Armenia and also hosts a significant Arab refugee population including families from Syria, Iraq, Lebanon, and Egypt. Many of these refugees have sought asylum in the United States based on persecution due to ethnicity, religion, political opinion, or membership in a particular social group. Receiving an asylum denial is devastating, but it is not the end of your case. Multiple legal options exist to challenge an unfavorable decision, including motions to reopen, appeals to the Board of Immigration Appeals (BIA), petitions for review in federal circuit court, and applications for alternative forms of protection such as withholding of removal and Convention Against Torture (CAT) protection. The critical factor after any denial is time: most appeal deadlines are strict and cannot be extended. SoCal Immigration Services has represented hundreds of Armenian and Arab asylum seekers in Glendale through the appeals process, and our attorneys understand the complex intersection of country conditions, persecution claims, and appellate procedure. Call SoCal Immigration Services at (714) 421-8872 immediately after receiving a denial to protect your appeal rights.

Reviewed for accuracy by

Maria Santos

DOJ Accredited Representative • 15+ years experience

Understanding Why Asylum Applications Are Denied

Before pursuing an appeal, it is essential to understand why your asylum application was denied, as the reason for denial determines the best legal strategy going forward. Asylum denials fall into several categories. The most common basis for denial is failure to establish past persecution or a well-founded fear of future persecution. The immigration judge may have found that the harm you experienced did not rise to the level of persecution, that the persecution was not on account of a protected ground (race, religion, nationality, political opinion, or particular social group), or that conditions in your home country have changed sufficiently to eliminate the risk of future persecution. Another frequent basis for denial is the one-year filing deadline: asylum applicants must file Form I-589 within one year of their last arrival in the United States, and failure to meet this deadline results in denial unless you demonstrate extraordinary circumstances or changed conditions that materially affect your eligibility. For Armenian refugees who fled the 2020 Nagorno-Karabakh conflict or Arab refugees who fled civil wars in Syria, Iraq, or Yemen, documenting ongoing country conditions and establishing nexus to a protected ground are critical elements that must be strengthened on appeal. The immigration judge's decision is documented in a written or oral order that identifies the specific factual and legal bases for the denial. Your appellate attorney must obtain and carefully review this order to identify errors of fact or law that can form the basis of a successful appeal.

Motion to Reopen Before the Immigration Judge

A motion to reopen is a request to the same immigration judge who denied your case to reconsider the decision based on new evidence that was not available at the time of the original hearing. This is often the fastest and most effective remedy when new evidence has emerged that directly addresses the grounds for denial. Motions to reopen must generally be filed within 90 days of the final order of removal, though there are important exceptions. There is no time limit for motions to reopen based on changed country conditions, which is particularly relevant for Armenian refugees affected by evolving conditions in Armenia and Nagorno-Karabakh, and for Arab refugees from countries experiencing ongoing conflict or political upheaval. To succeed on a motion to reopen, you must present evidence that is material, was not available and could not have been discovered or presented at the previous hearing, and establishes a prima facie case for asylum eligibility. Examples of qualifying new evidence include updated country condition reports from the State Department or human rights organizations, new incidents of persecution against family members who remained in the home country, changes in government or political conditions that increase the risk of persecution, new expert witness testimony regarding country conditions, and evidence of threats or targeting that occurred after the original hearing. The filing fee for a motion to reopen with the immigration court is $145 as of 2026. Our attorneys prepare comprehensive motions with detailed supporting evidence packages that demonstrate why the case should be reopened and how the new evidence changes the analysis.

•File within 90 days of the final order for most motions to reopen
•No time limit for motions based on changed country conditions
•New evidence must be material and unavailable at the original hearing
•Updated country condition reports strengthen changed conditions motions
•Filing fee: $145 for motion to reopen with the immigration court
•Can include new expert witness testimony and human rights reports

Appeal to the Board of Immigration Appeals (BIA)

The Board of Immigration Appeals is the administrative appellate body that reviews immigration judge decisions. Filing an appeal with the BIA is the most common avenue for challenging an asylum denial, and it preserves your right to seek further review in federal court if the BIA affirms the denial. The deadline for filing a BIA appeal is strictly 30 days from the date of the immigration judge's decision. This 30-day deadline is jurisdictional, meaning that if you miss it by even one day, the BIA will dismiss your appeal and you will lose your right to administrative review. The appeal is initiated by filing Form EOIR-26, Notice of Appeal from a Decision of an Immigration Judge, with the Board of Immigration Appeals. The filing fee is $110 as of 2026. After filing the notice of appeal, you will have additional time to submit a written brief that argues why the immigration judge's decision was wrong. The brief deadline is typically 21 days from the date the BIA sends you the briefing schedule, though extensions can be requested. Your brief should identify specific errors of fact and law in the immigration judge's decision. Common grounds for appeal include misapplication of the legal standard for persecution, failure to consider relevant evidence, incorrect adverse credibility findings, errors in the analysis of country conditions, and failure to properly consider claims for withholding of removal and CAT protection as alternative forms of relief. The BIA can affirm the immigration judge's decision, reverse the decision and grant asylum, or remand the case back to the immigration judge for further proceedings. BIA processing times currently average 6 to 12 months for detained cases and 12 to 24 months for non-detained cases.

•STRICT 30-day deadline from the date of the immigration judge's decision
•File Form EOIR-26 (Notice of Appeal) with the BIA
•Filing fee: $110 as of 2026
•Written brief due within 21 days of briefing schedule (extensions available)
•BIA can affirm, reverse, or remand the case to the immigration judge
•Processing times: 6-12 months detained, 12-24 months non-detained

Federal Court Petition for Review

If the BIA affirms the immigration judge's denial of asylum, you have the right to seek judicial review by filing a Petition for Review with the United States Court of Appeals for the Ninth Circuit, which has jurisdiction over cases from California. The deadline for filing a Petition for Review is 30 days from the date of the BIA's final order. This deadline is also strictly jurisdictional and cannot be extended. Filing a Petition for Review is a critical step because it automatically stays (pauses) any order of removal while the case is pending before the Ninth Circuit, meaning you cannot be deported while the court considers your case. The Ninth Circuit reviews immigration cases under different standards depending on the issue. Questions of law are reviewed de novo (from scratch), while factual findings are reviewed under the substantial evidence standard, meaning the court will uphold the finding unless the evidence compels a contrary conclusion. The Ninth Circuit has been historically receptive to asylum claims from the Middle East and has issued numerous favorable decisions regarding persecution of Christians, political dissidents, ethnic minorities, and members of particular social groups in countries like Armenia, Syria, Iraq, and Egypt. Federal court litigation is more complex and expensive than BIA appeals, but it provides the last opportunity for judicial review of your asylum claim. Our attorneys have experience briefing and arguing cases before the Ninth Circuit and work with asylum law experts to develop the strongest possible legal arguments. The filing fee for a Petition for Review is $500 at the Ninth Circuit, though fee waivers are available for indigent applicants.

Withholding of Removal as an Alternative to Asylum

If your asylum claim was denied due to the one-year filing deadline or other procedural bars that do not apply to withholding of removal, you may still be eligible for this alternative form of protection. Withholding of removal under Section 241(b)(3) of the INA prohibits the government from removing you to a country where your life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion. The legal standard for withholding of removal is higher than for asylum: you must demonstrate a clear probability (more likely than not) that you would face persecution, rather than the lower well-founded fear standard used for asylum. However, withholding of removal has several important differences from asylum. It does not have a one-year filing deadline, so applicants who missed the asylum deadline can still seek this protection. It is country-specific, meaning you are protected from removal to the specific country where you face persecution but could potentially be removed to a third country. Withholding does not provide a path to permanent residency or citizenship, and you cannot petition for family members. Despite these limitations, withholding of removal provides crucial protection for Armenian and Arab refugees who face genuine threats of persecution but were unable to meet the asylum filing deadline. For Armenian refugees from the Nagorno-Karabakh region who face persecution in Azerbaijan, and for Syrian or Iraqi refugees who face sectarian or political persecution, withholding of removal ensures they cannot be sent back to danger. If your asylum claim was denied on appeal but the BIA or court did not separately address your withholding claim, you may have grounds for remand on this issue.

•Higher standard than asylum: must prove persecution is more likely than not
•No one-year filing deadline requirement
•Country-specific protection: cannot be removed to the specific threatening country
•Does not provide a path to permanent residency or citizenship
•Cannot petition for family members under withholding status
•Critical alternative for applicants who missed the asylum filing deadline

Convention Against Torture (CAT) Protection

The Convention Against Torture provides a final safety net for individuals who face torture in their home country but may not qualify for asylum or withholding of removal. CAT protection is available under two forms: withholding of removal under CAT and deferral of removal under CAT. To qualify for CAT protection, you must demonstrate that it is more likely than not that you would be tortured by or at the instigation of or with the consent or acquiescence of a government official if returned to your home country. Torture is defined as any act by which severe pain or suffering, whether physical or mental, is intentionally inflicted for purposes such as obtaining information, punishment, intimidation, or discrimination. The key element that distinguishes CAT from asylum and withholding is that CAT does not require a nexus to a protected ground. You do not need to prove that the torture would be inflicted because of your race, religion, nationality, political opinion, or social group. You only need to demonstrate that torture would occur with government involvement. For Armenian refugees who fear mistreatment by Azerbaijani forces, and for Arab refugees from countries with documented patterns of government-sponsored torture such as Syria, Egypt, and Iraq, CAT claims can be supported by extensive human rights documentation from organizations like Amnesty International, Human Rights Watch, and the U.S. State Department. Deferral of removal under CAT provides the lowest level of protection: it can be terminated at any time if conditions change, and it does not provide any path to lawful status. However, it is the only form of relief available to individuals who are subject to mandatory denial of asylum and withholding due to criminal convictions or security-related bars.

Strict Deadlines: What You Must Do Immediately After Denial

The single most important thing to understand after receiving an asylum denial is that you are operating under strict, unforgiving deadlines. Missing these deadlines eliminates your legal options permanently. If you are in removal proceedings before an immigration judge and receive an oral denial at the end of your hearing, you have exactly 30 calendar days from the date of that decision to file your appeal with the BIA. This means you must file Form EOIR-26 and the $110 filing fee at the Board of Immigration Appeals within 30 days. If the judge issues a written decision that is mailed to you, the 30-day deadline runs from the date the decision is mailed, not from the date you receive it. If you are detained, the deadline is the same but the BIA may accept a filing date based on when you gave the notice of appeal to detention facility staff. After a BIA denial, you have 30 days from the BIA's decision to file a Petition for Review with the Ninth Circuit Court of Appeals. For motions to reopen before the immigration court, the general deadline is 90 days from the final order, though there is no deadline for changed country conditions motions. Do not wait to consult an attorney. Many individuals lose their appeal rights simply because they did not act quickly enough after receiving the denial. SoCal Immigration Services offers emergency consultations for recent asylum denials and can file protective appeals within 24 to 48 hours when necessary. Call (714) 421-8872 immediately after receiving any adverse immigration decision.

•30 days to file BIA appeal (Form EOIR-26) from date of immigration judge decision
•30 days to file Petition for Review with the Ninth Circuit after BIA denial
•90 days to file motion to reopen before the immigration court
•No deadline for motions to reopen based on changed country conditions
•Deadlines are jurisdictional and cannot be extended for any reason
•Contact an attorney within 24-48 hours of receiving a denial

How SoCal Immigration Services Handles Asylum Appeals for Glendale Residents

SoCal Immigration Services has extensive experience representing Armenian and Arab asylum seekers through the appeals process. Our approach to asylum appeals begins with a thorough review of the immigration judge's decision to identify all potential grounds for appeal, including factual errors, legal misapplications, credibility determination errors, and failures to consider relevant evidence. We obtain the complete record of proceedings, including hearing transcripts, all submitted evidence, and any expert testimony, to build a comprehensive understanding of the case. Our attorneys then develop a targeted appellate strategy that addresses the specific weaknesses identified in the original decision. For Armenian clients from Glendale who faced denial based on changed country conditions in Armenia, we work with Armenia-focused country conditions experts and human rights researchers to compile current evidence of ongoing persecution risks. For Arab clients whose claims were denied on credibility grounds, we prepare detailed briefs that challenge the immigration judge's adverse credibility findings using the standard established in the REAL ID Act, which requires that credibility determinations consider the totality of the circumstances. We also evaluate whether alternative forms of relief such as withholding of removal and CAT protection were properly considered and fully adjudicated. Our bilingual staff provides all case communications in Arabic and Armenian, ensuring that clients fully understand every step of the appeals process. The emotional toll of an asylum denial is enormous, and we are committed to providing not just legal representation but also compassionate support throughout the process. Call SoCal Immigration Services at (714) 421-8872 to schedule an emergency asylum appeal consultation.

FAQFrequently Asked Questions

Q:How long do I have to appeal an asylum denial to the BIA?

A: You have exactly 30 calendar days from the date of the immigration judge's decision to file an appeal with the Board of Immigration Appeals. This deadline is strictly jurisdictional and cannot be extended for any reason. You must file Form EOIR-26 and pay the $110 filing fee within this window. Contact an attorney immediately after receiving a denial.

Q:Can I still stay in the United States while my asylum appeal is pending?

A: Yes, filing a timely appeal with the BIA generally stays your removal while the appeal is pending. If the BIA denies your appeal and you file a Petition for Review with the Ninth Circuit Court of Appeals within 30 days, you receive an automatic stay of removal while the federal court reviews your case. However, if you miss any appeal deadline, your removal order becomes final and you can be deported.

Q:What is the difference between withholding of removal and asylum?

A: Withholding of removal has a higher legal standard (more likely than not vs. well-founded fear) but does not have a one-year filing deadline. It is country-specific protection that prevents removal to the threatening country only. Unlike asylum, withholding does not lead to permanent residency, does not allow family petitions, and can potentially result in removal to a third country.

Q:Can I file a motion to reopen if I have new evidence after my asylum denial?

A: Yes, you can file a motion to reopen with new evidence that was not available at your original hearing. The general deadline is 90 days from the final order, but there is no time limit for motions based on changed country conditions. New evidence must be material and must establish a prima facie case for asylum. Examples include updated country condition reports and new incidents of persecution against family members.

Q:What is CAT protection and who qualifies for it?

A: Convention Against Torture protection prevents removal to a country where you would more likely than not face torture by or with the consent of government officials. Unlike asylum, CAT does not require proving persecution based on race, religion, nationality, political opinion, or social group. It is available even to individuals barred from asylum due to criminal convictions. CAT provides limited protection with no path to permanent residency.

Q:How much does it cost to appeal an asylum denial?

A: BIA appeal filing fee is $110 for Form EOIR-26. Motion to reopen filing fee is $145. Petition for Review at the Ninth Circuit costs $500 (fee waivers available for indigent applicants). Attorney fees for asylum appeals vary based on case complexity but typically range from $3,000 to $10,000 for BIA appeals and $5,000 to $15,000 for federal court petitions.

Disclaimer: This article provides general information about immigration services in Glendale and does not constitute legal advice. SoCal Immigration Services is a document preparation company, not a law firm. For legal advice specific to your situation, please consult with a licensed immigration attorney.

Published: February 20, 2026Last Updated: February 20, 2026

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