Friday, April 25, 2014

Virginia Lawyers Immigration Board of Appeals Asylum

8:50 PM | Posted by Unknown | Edit Post
Virginia Lawyers Immigration Board of 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.

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.
  • The court reviews the determination of the Board of Immigration Appeals (Board) that no reasonable explanation was offered by the petitioner for abuse of discretion. Under the abuse of discretion standard, the court inquires whether the denial of the immigrant's motion to remand was made without a rational explanation, inexplicably departed from established policies, or rested on an impermissible basis such as invidious discrimination against a particular race or group. Moreover, the Board interprets the language of 8 C.F.R. § 208.4(c)(4) to require more than an honest explanation why the application for asylum is tardy; rather, the test is whether the neglect to previously file is excusable. 
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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