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.
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