Friday, March 21, 2014

Virginia Lawyers Immigration Board Of Appeal Deportation Asylum

Virginia Lawyers Immigration Board Of Appeal Deportation Asylum

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.

Louis v. United States

Facts:

            Petitioner immigrant appealed the decision of the respondent immigration officials, which denied the immigrant's motion to reconsider an adverse ruling on his application for asylum and the withholding of deportation. The immigrant sought asylum in the United States on account of China's one family-one child policy. The court held that the immigrant's motion was a motion to reopen, and not for reconsideration. As to the merits of the claims, it was an abuse of discretion to deny the immigrant's motion. The officials' claims regarding the immigrant's credibility rang hollow. Specifically, since the immigrant stated at his exclusion hearing that his wife underwent sterilization, the registration card for the family planning policy showed the same, and the language used by the Board of Immigration implied it was willing to accept such a finding on the part of the immigration judge, logic would have dictated that the immigrant was truthful in some aspects of his testimony. As to the officials' claim that there was no proof that the immigrant's wife's sterilization was coerced, such arguments were not raised before the Board. Finally, the officials' ruling was inconsistent with previous rulings, which held that if the Board found that an immigrant, or his wife, had been sterilized by force, such a finding would have established that the immigrant had been persecuted on account of political opinion.

            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 Federal Court made the following holding:

  • When the United State Board of Immigration reconsiders a motion, it takes itself back in time and looks at the case as though a decision had never been entered. Thus, if it grants the motion for reconsideration, the Board considers the case anew as it existed at the time of the original decision. By contrast, a motion to reopen asks that the proceedings be reopened for new evidence and a new decision, usually after an evidentiary hearing. Such motions must state what new facts would be proven at a hearing and be supported by affidavits or other evidentiary material. A motion for reconsideration asks the United States Board of Immigration to reevaluate its decision on the existing factual record. The Board instructs that with respect to previously-barred asylum claims based on coercive family planning policies, an applicant should file a motion to reopen.
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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