Asylum is a form of humanitarian protection that provides refuge for individuals who are unable or unwilling to return to their home countries because they were persecuted or have a well-founded fear of persecution on the basis of race, religion, nationality, membership in a particular social group, or political opinion. It is an immigration benefit that enables such individuals to remain in the United States and apply for lawful permanent residence 1 year after receiving the grant of asylum. Responsibility for adjudicating asylum applications is shared between U.S. Citizen and Immigration Services (USCIS) in DHS and EOIR in DOJ. Asylum officers in 8 USCIS Asylum Offices and immigration judges in 54 immigration courts within EOIR’s Office of the Chief Immigration Judge adjudicate asylum and other cases. In fiscal year 2008, the Asylum Division received about $61 million from USCIS fee-based funding and EOIR received about $238 million from congressional appropriations for its entire operation, of which asylum adjudications are part. There are two main avenues for applying for asylum in the United States: Affirmative asylum process: DHS’s asylum adjudication process involves affirmative asylum claims—that is, claims that are made at the initiative of aliens who are in the country either legally or illegally and who file directly with USCIS. Asylum officers are to conduct non-adversarial interviews in which they verify the applicant’s identity, determine whether the applicant is eligible for asylum, and evaluate the credibility of the applicant’s asylum claim. The asylum officer may (1) grant asylum, (2) deny asylum to applicants who are in legal status and issue a Notice of Intent to Deny, or (3) refer applicants not in legal status to the immigration court for a de novo review of their claim by an immigration judge. Upon referral to the immigration court, the applicant is placed in removal proceedings. Defensive asylum process: Defensive claims are those that are first filed after removal proceedings have been initiated against an alien. An alien making a defensive claim may have been placed in removal proceedings after having been stopped at the border without proper documentation, identified as being in the United States illegally, or identified as deportable on one or more grounds, such as certain kinds of criminal convictions. Immigration judges hear affirmative asylum claims referred to them by asylum officers, as well as defensive claims first raised before them. Adjudication of asylum claims in immigration court is adversarial in that aliens appear before EOIR immigration judges to defend themselves from removal from the United States. Immigration judges hear testimony given during direct and cross-examinations and review the evidence submitted. Immigration and Customs Enforcement (ICE) Assistant Chief Counsels (also known as ICE trial attorneys) represent DHS in these proceedings. Figure 1 illustrates the steps involved in the immigration proceedings process for affirmative and defensive claims. As shown in figure 1, EOIR’s asylum process generally consists of the following steps. The applicant is to appear before an immigration judge for an initial, or master calendar, hearing, during which the immigration judge is to, among other things, (a) ensure that the applicant understands the contents of the charging document, or Notice to Appear, (b) provide the applicant with information on available free of charge or low-cost legal representation in the area, and (c) schedule a subsequent date to hear the merits of the asylum claim and requests for other alternative forms of relief from persecution or torture, including withholding of removal and protection under the Convention Against Torture (CAT). Prior to the merits hearing, both the ICE trial attorney and the applicant or his or her representative must submit applications, exhibits, motions, a witness list, and criminal history to the immigration court. At the merits hearing, where EOIR is to provide interpreters when necessary, parties present the case before the immigration judge by generally making opening statements, presenting witnesses who are subject to cross examination and evidence to the immigration judge, and making closing statements. The immigration judge may participate in the questioning of the applicant and other witnesses. At the end of the hearing, the immigration judge generally issues an oral decision that should include a statement of facts that were found to be true, the substantive law and the application of the law to the facts, what factors were considered, and what weight was given to the evidence presented (including the credibility of witnesses). EOIR’s asylum adjudication process can result in one of the following outcomes for applicants and their qualifying dependents: Grant of asylum: Immigration judges may grant asylum to applicants, enabling them to remain in the United States indefinitely, unless DOJ terminates asylum. Asylees are eligible to apply for certain benefits, such as an Employment Authorization Document, a Social Security card, medical and employment assistance, lawful permanent residence, and ultimately citizenship. Within 2 years of being granted asylum, asylees can also petition for a spouse or child to obtain derivative asylum status. Withholding of removal prohibits removal if the applicant’s life or freedom would be threatened because of persecution. Generally, individuals apply for asylum and withholding of removal at the same time, but only the immigration judge can grant withholding of removal. The applicant must demonstrate that it is “more likely than not” that he or she would be persecuted if returned to the country of origin, a higher standard than the “reasonable possibility” standard for asylum. Protection under regulations implementing the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT) is another form of relief for individuals fearing torture. As with withholding of removal based on persecution, the applicant must establish that it is “more likely than not” that he or she would be tortured if returned to the country of origin. Denial of asylum: Immigration judges may deny asylum to applicants and order them to be removed from the United States unless they qualify for another form of relief, s such as withholding or deferral of removal. However, these other forms of relief do not include all of the benefits of asylum, such as the ability to apply for permanent resident status and bring family members to the United States. In some cases, in lieu of an order of removal, immigration judges may grant voluntary departure. Case closure: Immigration judges may close a case without making a decision on the asylum application if, for example, applicants request moving their case from one immigration court to another or withdraw or abandon their application for asylum . If either the applicant or ICE disagrees with the immigration judge’s decision, either party may appeal the decision to the BIA within 30 days. The BIA is the highest administrative adjudicatory body for immigration decisions within DOJ, and its members hear appeals of decisions rendered by immigration judges and by DHS District Directors in a wide variety of proceedings. If the BIA’s decision is adverse to the applicant, he or she may, within 30 days of the decision, file a petition for review of the decision in the U.S. Court of Appeals with jurisdiction over the immigration court in which the decision was made. Voluntary departure allows otherwise removable aliens to depart the United States at their own expense. They may be barred from reentering the United States for up to 10 years and be subject to civil and criminal penalties if they fail to depart or reenter without proper authorization. Generally, the BIA decides appeals by reviewing the record and documents submitted by the parties, as opposed to conducting courtroom proceedings. If DHS disagrees with BIA’s ruling, in rare instances, the case may be referred to the Attorney General for review. 2002, to 251 in fiscal year 2007. During fiscal years 2002 through 2007, the BIA received 217,162 appeals of immigration judge decisions, of which 64 percent were appeals by applicants or by DHS in cases where an asylum application had been filed with the immigration court. According to EOIR, as of May 2008 there were 216 immigration judges on board in the 54 immigration courts, 13 judges who had been hired and were undergoing training, and 19 judges who were at various stages of the background investigation, interview and selection processes. 5 C.F.R. § 6.3(a) allows the head of an agency to fill excepted service positions by appointment of persons without civil service eligibility or competitive status. Schedule A positions are “positions other than those of a confidential or policy determining character” and are considered career positions. The authority to appoint an immigration judge is vested in the Attorney General pursuant to 8 U.S.C. § 1101(b)(4). For direct appointments, the applicants are referred to EOIR from the deputy attorney general, who exercises the attorney general’s appointment authority. The Office of the Chief Immigration Judge (OCIJ) confirms the qualifications, and usually interviews the applicant. The applicant must have a law degree and be duly licensed and authorized to practice law as an attorney under the laws of a state, territory, or the District of Columbia: be a United States Citizen; and have a minimum of 7 years relevant post-bar admission legal experience at the time the application is submitted, with 1 year experience equivalent to the GS-15 level in the federal service. According to EOIR, DOJ looks for experience in at least three of the following areas: substantial litigation experience, preferably in a high- volume context; knowledge of immigration laws and procedure; experience handling complex legal issues; experience conducting administrative hearings; or knowledge of judicial practices and procedures. According to EOIR, from October 1993 through October 2007, three sitting Attorneys General directly appointed 26 immigration judges—19 were directly appointed by Alberto Gonzales, 4 by John Ashcroft, and 3 by Janet Reno. These three Attorneys General also appointed 181 immigration judges pursuant to an open announcement in which applicants competed for a vacant immigration judge position. An additional eight EOIR personnel who were not originally hired as immigration judges were identified by EOIR to fill immigration judge vacancies on EOIR’s recommendation.