Friday, February 28, 2014

Virginia Lawyers Immigration Board Of Appeal Deportation Asylum Petition

Virginia Lawyers Immigration Board Of Appeal Deportation Asylum Petition

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.

Benny v. United States

Facts:

            Petitioner, the Immigration and Naturalization Service, sought review of a decision, by the Immigration Board Of Appeal, reversing an order denying respondent alien's petition to reopen a deportation proceeding, remanding for an evidentiary hearing on respondent's asylum request, and withholding of deportation claims.

            If you are facing an 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:

  • A motion to reopen deportation proceedings for the purpose of applying for asylum or withholding of deportation will only be granted where prima facie eligibility for such relief has been established and where the alien has reasonably explained his failure to assert the claim prior to completion of the deportation hearing. 8 C.F.R. § 208.11. Nor will reopening be granted unless the evidence sought to be offered is material, was not available, and could nut have been discovered or presented at the time of the original hearing. 8 C.F.R. §§ 3.2, 103.5, 242.22. In cases in which the ultimate grant of relief is discretionary (asylum, suspension of deportation, and adjustment of status, but not withholding of deportation), the Board of Immigration Appeals may leap ahead, as it were, over the two threshold concerns (prima facie case and new evidence/reasonable explanation), and simply determine that even if they were met, the movant would not be entitled to the discretionary grant of relief. The Court has consistently held that denials on this third ground are subject to an abuse-of-discretion standard.
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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