Wednesday, October 29, 2014
Virginia Lawyers Immigration Board Appeals Asylum Departure
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.
Eve v. United States
Facts:
Petitioner alien, a citizen of the People's Republic of China, filed a petition for judicial review of an order of the Board of Immigration Appeals (BIA), upholding an immigration judge's (IJ's) decision, which denied her asylum and withholding of removal claims, which were based on the forced implantation of an intrauterine contraceptive device (IUD), and her Convention Against Torture (CAT) claim, which was based on her illegal departure.
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:
- An alien seeking asylum must demonstrate that she is unable or unwilling to return to her country of origin because of persecution, or a well-founded fear of persecution, on account of her race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C.S. § 1101(a)(42).
- The Convention Against Torture (CAT) has a standard independent from the standard for determining an asylum claim, so it does not follow that denial of asylum requires denial of CAT relief. Because the CAT inquiry is independent of the asylum analysis, the Board of Immigration Appeals' decision as to asylum should never, in itself, be determinative of an alien's CAT claim. Given that CAT relief lacks a subjective element, focuses broadly on torture without regard to reasons for that treatment, and requires a showing with respect to future, rather than past treatment, the CAT and asylum analyses focus on different elements and must be treated independently.
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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