Tuesday, April 1, 2014

Virginia Lawyers Immigration Deportation Asylum Refugee

Virginia Lawyers Immigration Deportation Asylum Refugee

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.

Michael v. United States
Facts:

            In a deportation related case, the Petitioner alien challenged a decision by the Board of Immigration Appeals that denied his application for asylum.

            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:

  • Any judicial inquiry into the handling of immigration matters is substantially circumscribed. Control over matters of immigration is a sovereign prerogative, largely within the control of the executive and the legislature. Deportation and asylum hearings, however, are subject to the requirements of procedural due process. The appellate court reviews de novo a claim that the procedures utilized in such hearings contravened due process or the Immigration and Nationality Act. In order to prevail on a due process challenge to a deportation or asylum hearing, an alien must demonstrate that he was prejudiced by any such violation. Similarly, an alien must establish prejudice in order to invalidate deportation proceedings on a claim that his statutory or regulatory rights were infringed. And we may only find prejudice when the rights of an alien have been transgressed in such a way as is likely to impact the results of the proceedings.
  • An alien is only eligible for asylum if he is a refugee, and a refugee is any person who is unable to return to his or her 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. The standard for proving a well-founded fear of persecution is the reasonable person test. Therefore, an individual seeking asylum must show (1) that he has a subjective fear of persecution based on race, religion, nationality, social group membership, or political opinion, (2) that a reasonable person would have a fear of persecution in that situation, and (3) that his fear has some basis in objective reality.
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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