In removal proceedings, who has the authority to grant asylum?

The authority to grant asylum in removal proceedings lies with the Immigration Judge (I.J.). This is because removal proceedings are judicial proceedings in which individuals contest their deportation from the United States. In these cases, the Immigration Judge examines the evidence presented and has the discretion to adjudicate claims for asylum based on the legal standards established in immigration law.

An I.J. assesses the applicant's eligibility for asylum according to the criteria set forth in U.S. law, such as past persecution or a well-founded fear of future persecution due to factors like race, religion, nationality, membership in a particular social group, or political opinion. The decision made by the I.J. is typically the first level of adjudication in the removal context, laying the groundwork for any potential appeals.

While other entities, such as USCIS asylum officers, can grant asylum in affirmative cases before formal removal proceedings begin, once those proceedings are in effect, the responsibility shifts to the I.J. Additionally, Department of Homeland Security officials may handle aspects of the deportation process, but they do not have the authority to grant asylum themselves in a judicial setting. Federal courts review decisions made by I.J.s but do not grant asylum directly; their role is to ensure that the legal process has been