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.

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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