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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Fairfax | 703-278-0405 |
Prince William | 703-278-0405 |
Loudoun | 703-278-0405 |
Fredericksburg | 703-278-0405 |
Richmond | 804-201-9009 |
Virginia beach | 757-512-5002 |
Lynchburg | 434-509-4004 |
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