If you filed for asylum in immigration court without an attorney and are now appealing to the BIA, it’s worth asking: did the Immigration Judge give you a list of free legal service providers?
A recent Board of Immigration Appeals decision, Matter of K-O- (Aug. 27, 2013), confirms that this isn’t optional. Immigration Judges are required by regulation to do two separate things when an asylum seeker is unrepresented:
Inform the person that free legal representation is available; and
Provide a list of those free or low-cost attorneys.
These requirements come from 8 C.F.R. § 1240.10(a) and § 1240.11(c). While judges often comply with the general requirement to notify unrepresented individuals of pro bono counsel, this decision emphasizes that asylum seekers are owed additional protections.
In K-O-, the respondent had appeared without an attorney in court. After receiving a removal order, he appealed and hired counsel. On review of the record, the new attorney noticed that the IJ had not provided the required list. The BIA agreed this failure violated the regulation and warranted remand.
This decision could be significant for many asylum seekers who represented themselves. If the Immigration Judge in your case failed to provide the list, you may have grounds to challenge the outcome of your case—even years later.