Friday, October 31, 2014

Virginia Lawyers Immigration Board Appeals Deportation Status Adjustment

If you are facing immigration case in Virginia, contact our law firm for help.


We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

King v. United States

Facts:

Petitioner alien appealed an order of the Board of Immigration Appeals denying her motion to reopen her deportation proceedings to apply for an adjustment of status.

If you are facing a Immigration case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • A motion to reopen will be granted only where the alien offers evidence in support of the relief requested that is material and was not available and could not have been discovered or presented at the former hearing.
  • The decisions to open an investigation, to surveil the suspected violator, to reschedule the deportation hearing, to include various provisions in the final order that is the product of the adjudication, and to refuse reconsideration of that order, do not fall under 8 U.S.C.S. § 1252(g). A motion to reopen is very similar to a motion to reconsider.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Wednesday, October 29, 2014

Virginia Lawyers Immigration Deportation Asylum Evidence

Virginia Lawyers Immigration Deportation Asylum Evidence


If you are facing immigration case in Virginia, contact our law firm for help.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Thomas v. United States

Facts:

Petitioner alien sought review of an order from the Board of Immigration Appeals that denied petitioner's applications for asylum and withholding of deportation, and in the alternative, for voluntary departure.
If you are facing a Immigration case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • • In deportation proceedings, an appellate court reviews credibility and factual findings under the substantial evidence standard but subject mixed questions of law and fact to de novo review. It reviews the Board of Immigration Appeal's decision on a request for withholding of deportation under the substantial evidence standard. The appellate court reviews the denial of voluntary departure for an abuse of discretion.
  • • An applicant for asylum establishes a well-founded fear if he shows that a reasonable person in his circumstances would fear persecution.


We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia Lawyers Immigration Board Appeals Asylum Departure

If you are facing immigration case in Virginia, contact our law firm for help.


We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Eve v. United States

Facts:

Petitioner alien, a citizen of the People's Republic of China, filed a petition for judicial review of an order of the Board of Immigration Appeals (BIA), upholding an immigration judge's (IJ's) decision, which denied her asylum and withholding of removal claims, which were based on the forced implantation of an intrauterine contraceptive device (IUD), and her Convention Against Torture (CAT) claim, which was based on her illegal departure.

If you are facing a Immigration case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • An alien seeking asylum must demonstrate that she is unable or unwilling to return to her country of origin because of persecution, or a well-founded fear of persecution, on account of her race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C.S. § 1101(a)(42).
  • The Convention Against Torture (CAT) has a standard independent from the standard for determining an asylum claim, so it does not follow that denial of asylum requires denial of CAT relief. Because the CAT inquiry is independent of the asylum analysis, the Board of Immigration Appeals' decision as to asylum should never, in itself, be determinative of an alien's CAT claim. Given that CAT relief lacks a subjective element, focuses broadly on torture without regard to reasons for that treatment, and requires a showing with respect to future, rather than past treatment, the CAT and asylum analyses focus on different elements and must be treated independently.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Monday, October 27, 2014

Virginia Lawyers Immigration Evidence Asylum Board Appeals

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.


Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Hall v. United States

Facts:

After an asylum officer denied petitioner stowaway's application for asylum, the Board of Immigration Appeals (BIA) dismissed his appeal upon a de novo review of the record. The stowaway filed a petition for a writ of habeas corpus claiming that he had a statutory and constitutional right to an adversarial hearing before an immigration judge, and that the decision of the BIA was against the substantial evidence in the record.

If you are facing a Immigration case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • A determination by an asylum officer followed by an appeal to the Board of Immigration Appeals, as set out in 8 C.F.R. § 253.1(f), is the procedure to be followed when processing a stowaway's asylum application.
  • Section 208(a) of the Refugee Act of 1980, 8 U.S.C.S. § 1158(a), states: The Attorney general shall establish a procedure for an alien physically present in the United States or at a land border or port of entry, irrespective of such alien's status, to apply for asylum.


We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

Virginia Lawyers Immigration Deportation Board Appeals Asylum

If you are facing immigration case in Virginia, contact our law firm for help.


We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Smith v. United States

Facts:

Petitioner alien sought review of an order issued by the Board of Immigration Appeals which affirmed an immigration judge's decision denying the alien's application for asylum, withholding of deportation, and relief under the United Nations Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT).

If you are facing a Immigration case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • Where the Board of Immigration Appeals affirms an immigration judge's (IJ's) decision without opinion, it makes an IJ's decision the final agency determination. 8 C.F.R. § 1003.1(e)(4).
  • In the context of immigration law, obtaining asylum is actually a two-step process. If an alien successfully demonstrates that he or she is eligible for asylum, then the United States Attorney General has the discretion to decide whether or not to grant asylum. 8 U.S.C.S. § 1158(b)(1).

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Friday, October 24, 2014

Virginia Immigration Attorneys Naturalization Service Asylum

If you are facing immigration case in Virginia, contact our law firm for help.


We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

East v. United States

Facts:

Petitioner immigrant sought review of a decision of the Board of Immigration Appeals (board) in favor of respondent Immigration and Naturalization Service (INS), which affirmed the immigration judge's deportation order, dismissed the immigrant's appeal, and denied the immigrant's motion to remand.

If you are facing a Immigration case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • The Board of Immigration Appeals (Board) can deny an alien's motion to reopen or remand solely based upon a finding that he has not reasonably explained his failure to apply for asylum initially. The Board's discretion provides it with some latitude in deciding when to reopen a case. The Immigration and Naturalization Service should have the right to be restrictive.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.
Thursday, October 23, 2014

Virginia Lawyers Immigration Deportation Asylum Departure

If you are facing immigration case in Virginia, contact our law firm for help. 


We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg.

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Charles v. United States

Facts:

Petitioner alien sought review of an order from the Board of Immigration Appeals that denied petitioner's applications for asylum and withholding of deportation, and in the alternative, for voluntary departure.

If you are facing a Immigration case in Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

  • In deportation proceedings, an appellate court reviews credibility and factual findings under the substantial evidence standard but subject mixed questions of law and fact to de novo review. It reviews the Board of Immigration Appeal's decision on a request for withholding of deportation under the substantial evidence standard. The appellate court reviews the denial of voluntary departure for an abuse of discretion.
  • A moderate interpretation of the "well-founded fear" asylum standard would indicate that so long as an objective situation is established by the evidence, it need not be shown that the situation will probably result in persecution, but it is enough that persecution is a reasonable possibility.

We have client meeting locations in Fairfax Prince William Richmond Loudoun Virginia Beach Fredericksburg Lynchburg

Contact our law firm today to speak with a lawyer today about your Immigration Case. An attorney from our firm will do his best to help you.

We will do our absolute best to help you get the best result possible based on the facts of your case. Our law firm has the necessary experience to assist you with this matter.

Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.

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