Monday, April 7, 2014
Virginia Lawyers Immigration Deportation Proceedings Appeals
Virginia Lawyers Immigration Deportation
Proceedings Appeals
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.
Mason v. United States
Facts:
Petitioner alien appealed an order of the Board of
Immigration Appeals affirming the denial of his motion to reopen as untimely,
arguing that the ineffective assistance of his deportation counsel was
sufficient to justify tolling the filing deadline for two years in his case.
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:
- Where the Board of
Immigration Appeals has applied the correct law, its decision to deny a
motion to reopen deportation proceedings is reviewed to determine whether
the decision was arbitrary, capricious, an abuse of discretion or
otherwise not in accordance with the law.
- During deportation
proceedings, aliens have a statutory right to be represented by counsel at
their own expense. 8 U.S.C.S. § 1362. This right is an integral part of
the procedural due process to which the alien is entitled.
- The validity of the Board of Immigration Appeals' retroactive application of an immigration statute may be viewed as a pure question of statutory construction for the courts to decide, a question that is quite different from the question of interpretation that arises in each case in which the agency is required to apply statutory standards to a particular set of facts which involves the agency's particular expertise.
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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