Asylum Lawyer — a Former Immigration Judge Who Decided Asylum Cases

Why a former immigration judge changes your asylum case

Asylum claims are decided by an asylum officer or an immigration judge, often opposed by a Department of Homeland Security (DHS) attorney, and won or lost largely on credibility and preparation. Carlos Maury has worked in each of those roles: as a U.S. Immigration Judge at the Van Nuys Immigration Court, as government counsel with U.S. Immigration and Customs Enforcement in Los Angeles (rising to deputy chief counsel) and with the former Immigration and Naturalization Service in Miami, and as an assistant public defender in Florida.

What the bench teaches

In an asylum case, a judge must make findings on credibility, on corroboration, and on each legal element of asylum, in a decision that holds up on appeal. As a judge, Carlos Maury decided roughly six hundred asylum cases on their merits in recent years (TRAC judge report (opens in new tab)). That experience shapes how he builds a claim: a clear legal theory, a declaration in the applicant's own words, organized evidence, and testimony that matches the documents.

What the government table teaches

DHS counsel decides how hard to oppose an asylum claim and what to challenge on cross-examination: gaps in the timeline, differences between statements at the border and in court, the one-year deadline, and bars such as a serious crime or firm resettlement elsewhere. Having evaluated cases from that side, Carlos Maury addresses those weak points before the hearing, not during it.

What the defense table teaches

As a public defender, he represented people whose liberty was at stake. That work taught him to listen patiently, explain each step plainly, and prepare people to testify truthfully about events that are often painful to describe.

None of this can promise a particular result; every asylum case turns on its own facts and the law.

What we handle

We represent asylum seekers at every stage. Our asylum guide explains the law in detail, and each item below links to the relevant section or guide.

• Affirmative asylum at USCIS, including interview preparation. If you are not in removal proceedings, you apply with USCIS and are interviewed by an asylum officer. We prepare the application, declaration and evidence, and prepare you for the interview. See affirmative vs. defensive asylum.
• Defensive asylum in immigration court. If you are in removal proceedings, asylum is requested before an immigration judge as a defense to deportation. See asylum in immigration court.
• Withholding of removal and Convention Against Torture (CAT) protection. When asylum is barred, these forms of protection may still prevent return to a country where you would be harmed. See withholding of removal. Our asylum vs. withholding of removal vs. CAT comparison sets the three side by side.
• Exceptions to the one-year deadline. A late application can sometimes be accepted because of changed or extraordinary circumstances, if it was filed within a reasonable time. See the one-year deadline and its exceptions.
• Your spouse and children. A spouse and unmarried children under 21 can often be included, and family abroad may be petitioned for with Form I-730 after a grant. See after a decision.
• Work permits while your case is pending. Applicants may become eligible for a work permit after a waiting period. See work authorization.
• Denials and appeals to the Board of Immigration Appeals. If a judge denies the case, we brief the legal errors on appeal. See the Board of Immigration Appeals.
• Motions to reopen, including for changed country conditions. If conditions in your home country have worsened since a final order, a motion to reopen to seek asylum may be possible. See motions to reopen.
• A green card after asylum is granted. An asylee can generally apply to become a permanent resident one year after the grant. See adjustment of status.

How asylum is decided: credibility and evidence

A refugee, under the law, is a person who is unable or unwilling to return to their country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion (8 U.S.C. § 1101(a)(42) (opens in new tab)).

The applicant carries the burden of proof. Under the REAL ID Act, the applicant must show that one of those five grounds was or will be at least one central reason for the persecution (8 U.S.C. § 1158(b)(1)(B)(i) (opens in new tab)). Testimony alone can be enough, but only if it is credible, persuasive and refers to specific facts; where the officer or judge decides that corroborating evidence should be provided, it must be provided unless the applicant does not have it and cannot reasonably obtain it (8 U.S.C. § 1158(b)(1)(B)(ii)).

Credibility is judged on the totality of the circumstances. The officer or judge may consider demeanor, candor and responsiveness, the inherent plausibility of the account, and the consistency between written and oral statements, with other evidence in the record and with country-conditions reports, whether or not an inconsistency goes to the heart of the claim (8 U.S.C. § 1158(b)(1)(B)(iii) (opens in new tab)). Small differences in dates or names can matter.

That is why we build each case around consistency: the Form I-589, the declaration and the testimony must tell the same story. We gather corroboration that is reasonably available, such as medical and police records, witness letters and photographs, with certified translations, and add country-conditions evidence, such as U.S. State Department human rights reports, to show why the fear is objectively reasonable. Our printable asylum document checklist lists what the Form I-589 instructions ask for.

Call (213) 769-0050

How your case moves

Which path applies depends on whether you are already in removal proceedings.

Affirmative asylum (USCIS)

1. The application is filed. Form I-589 is filed with USCIS, generally within one year of your last arrival in the United States (8 U.S.C. § 1158(a)(2)(B) (opens in new tab)), unless an exception applies.
2. Biometrics. USCIS schedules an appointment to take fingerprints and a photograph for background checks.
3. Interview at an asylum office. An asylum officer interviews you under oath.
4. Decision or referral. The officer may grant asylum. If you do not have lawful status and asylum is not granted, the case is generally referred to the immigration court, where you can ask the judge for asylum again.

Defensive asylum (immigration court)

1. Notice to Appear. DHS files a Notice to Appear with the immigration court, which starts removal proceedings.
2. Master calendar hearing. You answer the charges, state that you seek asylum, and the judge sets deadlines.
3. The I-589 is filed with the court. The application, declaration and supporting evidence are filed by the court's deadlines.
4. Individual hearing. You testify, DHS counsel cross-examines, and both sides argue.
5. Decision. The judge grants or denies asylum, withholding of removal or CAT protection.
6. Appeal. Either side may appeal to the Board of Immigration Appeals within 30 days of the judge's decision (8 C.F.R. § 1003.38(b) (opens in new tab)).

While the case is pending, an asylum applicant can generally file Form I-765 for a work permit 150 days after a complete asylum application has been filed, and the work permit generally cannot be granted before the application has been pending for 180 days; delays the applicant causes can stop that clock (8 C.F.R. § 208.7 (opens in new tab)). See our work authorization guide for details.

If you are detained or just arrived

People who arrive at the border or are stopped soon after entering may be placed in expedited removal. If they say they fear returning, they are referred for a credible fear interview with an asylum officer, who decides whether there is a significant possibility that they could establish eligibility for asylum (8 U.S.C. § 1225(b)(1)(B) (opens in new tab)). A negative finding can lead quickly to removal.

Asylum seekers held by ICE usually have their cases heard in immigration courts at or near detention centers, such as the Adelanto Immigration Court in Southern California. Detained cases move fast, so preparation must start right away.

Bond eligibility rules have changed and are being litigated, so each case must be reviewed individually. See what families should do in our section on when a loved one is detained by ICE.

Rules at the southern border changed in 2025–26. See the update section of our asylum guide.

Mistakes that can hurt an asylum case

• Missing the one-year deadline. Asylum generally must be requested within one year of your last arrival. Exceptions are limited. See our one-year deadline self-check.
• Inconsistencies between the I-589, the declaration and the testimony. Differences can lead to an adverse credibility finding.
• Letting a notario or form preparer write your story. A "notario" is not a lawyer, and a story written by someone else with wrong or exaggerated facts can destroy your credibility.
• Leaving out prior entries, arrests or other facts. Earlier trips, prior applications, arrests and convictions must be disclosed and addressed.
• No corroboration or translations. Reasonably available documents belong in the record, with certified English translations.
• Traveling back to your home country. Returning to the country you fear can seriously undermine the claim.
• Missing a hearing or the biometrics appointment. Either can lead to a removal order or a denied application.
• Not updating your address. Tell the immigration court within five days on Form EOIR-33, and tell USCIS on Form AR-11. Notices go to the last address on file.
• Filing a frivolous application. If a judge finds that a person knowingly filed a frivolous asylum application after being warned of the consequences, the person can be permanently barred from immigration benefits (8 U.S.C. § 1158(d)(6) (opens in new tab)).

Serving Los Angeles & Southern California

Our office is in Van Nuys, in the San Fernando Valley, and we regularly handle asylum cases in the immigration courts of Los Angeles and Southern California:

• Los Angeles immigration court
• West LA immigration court
• Van Nuys immigration court
• Santa Ana immigration court
• Adelanto immigration court (detained cases)
• San Diego immigration court
• Otay Mesa immigration court (detained cases)
• Imperial immigration court

See all Los Angeles-area immigration courts.

Our page on the Southern California immigration courts covers all eight court locations, including the border courts in San Diego, Otay Mesa and Imperial.

Affirmative asylum interviews take place at USCIS asylum offices, and the interview notice tells you where to go. Immigration law is federal, so we represent clients across the country, before USCIS and in immigration courts in all 50 states, in person or by video where the court allows. Find your court among all 77 immigration courts. Meetings at the Van Nuys office are by appointment only.

Carlos Maury is licensed in Florida. Practice limited to federal immigration law; we represent clients in all 50 states.

About Carlos Maury

Carlos Maury served as a U.S. Immigration Judge at the Van Nuys Immigration Court, appointed by Attorney General Eric Holder, hearing cases from June 2015 (EOIR announcement (opens in new tab)). From 2002 to 2015 he worked with U.S. Immigration and Customs Enforcement in Los Angeles, rising to deputy chief counsel. Before that he was district counsel for the former Immigration and Naturalization Service in Miami from 2000 to 2002, and an assistant public defender in Florida's Eleventh Judicial Circuit from 1993 to 2000.

He earned his J.D. from the University of Miami School of Law in 1992 and his B.A. from City College of the City University of New York in 1989. He is a member of The Florida Bar (No. 964239) and works with clients in English and Spanish. Read more about Carlos Maury.

Frequently asked questions

How does a former immigration judge help my asylum case?

Carlos Maury has seen asylum cases from the bench, as government counsel and as a public defender. He prepares your case the way judges and asylum officers evaluate them: consistent testimony, corroborating evidence, country-conditions reports, and a record that holds up on appeal. No one can promise an outcome, but it means careful, informed preparation.

Can Carlos Maury influence the judge or asylum officer deciding my case?

No. Carlos Maury is no longer on the bench and cannot influence any sitting judge or pending case, and he has no influence over any asylum officer. Every case is decided on the law and the evidence. The advantage he offers is preparation and experience, not access.

Should I file for asylum myself or with a lawyer?

You have the right to file on your own, but asylum is one of the most demanding cases in immigration law. The application, the declaration and your testimony must agree in every detail, the legal elements must be proven, and bars and deadlines must be addressed. A lawyer can prepare the evidence, attend the interview or hearing with you, and protect the record for appeal.

Can you prepare me for my asylum interview or my testimony in court?

Yes. We review your application and declaration with you, go over the questions you are likely to be asked, and practice so you can tell your story truthfully and clearly.

The asylum office referred my case to immigration court. What happens now?

A referral is not a final denial. You will receive a Notice to Appear and your case will continue before an immigration judge, who decides asylum again from the beginning with testimony and evidence. It is a chance to strengthen the record and also request withholding of removal and CAT protection.

Do you handle asylum cases at the Los Angeles and Van Nuys immigration courts?

Yes. We regularly handle asylum cases in the Los Angeles-area immigration courts: Los Angeles, Van Nuys, West LA and Santa Ana, and Adelanto for people who are detained. Further south we also appear in the San Diego, Otay Mesa and Imperial immigration courts. Our office is in Van Nuys, in the San Fernando Valley, and meetings there are by appointment only. We also take asylum cases at any immigration court in the country.

Do you take asylum cases outside California?

Yes. Immigration law is federal, so we represent clients before USCIS and in immigration courts in all 50 states, appearing in person or by video where the court allows. Carlos Maury is licensed in Florida, and the practice is limited to federal immigration law.

What should I bring to the first call or meeting?

Bring your passport and identity documents, your I-94 or any record of entry, any Notice to Appear, hearing notices, interview notices or decisions, a copy of any asylum application already filed, documents about the harm or threats you suffered such as medical or police records, letters or photographs, and any arrest or court records.

Can you take over an asylum case another preparer or lawyer started?

Yes. We review what has already been filed, compare it with your account and the evidence and correct or supplement what is needed. In immigration court the new lawyer files a notice of appearance. Changing representation does not by itself stop deadlines, interviews or hearings, so act early.

Do you speak Spanish, and will I have an interpreter?

Yes. Carlos Maury speaks English and Spanish. The immigration court provides interpreters for hearings. For asylum interviews at USCIS, applicants have generally had to bring their own interpreter, so check the current USCIS rules and your interview notice before the appointment.

How long does an asylum case take?

It varies widely. Both the asylum offices and the immigration courts have large backlogs, and the wait depends on where your case is pending and on current processing priorities. We will explain what to expect in your case.

Talk with a former immigration judge about your asylum case

Whether you are preparing an asylum application, have an interview scheduled, or are defending your case in immigration court, call to discuss your options. Hablamos español.

Call (213) 769-0050

Related services: Deportation defense lawyer · Criminal immigration lawyer · Green card lawyer · Immigration bond lawyer · U visa & VAWA lawyer · Immigration waiver lawyer · Immigration appeals lawyer · Citizenship lawyer · Marriage green card lawyer · K-1 fiancé visa lawyer · TPS lawyer

Last reviewed: October 2, 2026.