Saturday, March 29, 2014
Virginia Lawyers Immigration Deportation 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.
Martin v. United States
Facts:
Petitioner alien filed a petition for review of an order
of the Board of Immigration Appeals concluding that he was deportable and that
he had committed a "particularly serious crime," rendering him
ineligible for asylum and withholding of deportation.
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:
- Courts are generally
permitted to look only to the offense of conviction itself to determine
whether it has jurisdiction rather than the circumstances surrounding the
conviction. Thus, when a criminal statute on its face fits the Immigration
and Nationality Act's deportability classification, all convictions under
that statute necessarily render an alien deportable.
- An alien who, having been convicted of a particularly serious crime, constituted a danger to the community of the United States , was statutorily ineligible for withholding of deportation, Immigration and Nationality Act § 243(h)(2)(B), 8 U.S.C.S. § 1253(h)(2)(b), and was subject to a mandatory denial of asylum under the federal immigration regulations, 8 C.F.R. § 208.14(c)(1). If an alien has been convicted of an offense that qualifies as a "particularly serious crime," then the alien is necessarily a danger to the community and is ineligible for withholding of deportation. Once the particularly serious crime determination is made, the alien is ineligible for withholding without a separate finding on dangerousness.
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.
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