Virginia Immigration Lawyers

Virginia Lawyers Immigration Deportation Asylum

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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.

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Darwin v. United States

Facts:

            Respondent alien was apprehended for entering the United States without inspection. Petitioner Immigration and Naturalization Service brought deportation proceedings, during which respondent sought asylum pursuant to § 208(a) of the Immigration and Nationality Act, 8 U.S.C.S. § 1158(a). The immigration judge and the Board of Immigration Appeals (BIA) rejected the asylum claim. The court of appeals reversed the decisions, holding that a guerilla organization's attempt to coerce respondent into performing military service necessarily constituted persecution on account of political opinion under § 101(a)(42) of the Act, 8 U.S.C.S. § 1101(a)(42). The Supreme Court reversed and determined that the BIA decision should have been upheld. First, the record demonstrated that respondent did not have a political motive for resisting recruitment by the guerillas. Second, in finding a danger of persecution on account of political opinion, the court of appeals had improperly concluded that persecution was threatened on account of the guerillas' political opinion, rather than respondent's political opinion as required by § 101(a)(42).

            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 Federal Court made the following holding:

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.