Thursday, February 20, 2014

Virginia Lawyers Immigration Board Of Appeal Deportation Lawful Intent

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.

Thom v. United States
Facts:

            Petitioner appealed an order from the Board of Immigration Appeals denying his motion to reopen his deportation proceedings, by asserting he was eligible for discretionary relief under section 212(c) of the Immigration Act, 8 U.S.C.S. §1182(c).

            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's lawful, permanent resident status terminates when the Board of Immigration Appeals renders its decision in the case upon appeal or certification, or where no appeal to the Board is taken, when appeal is waived, or the time allotted for appeal has expired. An alien's lawful domicile for purposes of section 212(c) relief, 8 U.S.C.S. § 1182(c), terminates when the alien concedes his deportability and fails to challenge the merits of his deportation order. Although subsequently he may raise a challenge on the merits of that order following a denial of discretionary relief under section 212(c), 8 U.S.C.S. § 1182(c), the automatic stay of 8 U.S.C. S. § 1105a(a)(3) never comes into play until an appeal is raised. When an alien concedes his deportability or fails to raise a challenge to an order of deportation, he may no longer be said to harbor a "lawful intent" to remain in this country even if the Immigration and Naturalization Service fails to take immediate steps to expel him beyond our borders.
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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