Wednesday, March 26, 2014

Virginia Lawyers Immigration Board Of Appeal Deportation Hearing

Virginia Lawyers Immigration Board Of Appeal Deportation Hearing

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.

Joseph v. United States

Facts:

            Petitioner alleged that he missed his deportation hearing, and the filing deadline for his motion to reopen, based on incompetent counsel. Petitioner sought review of the order of the Board of Immigration Appeal, which dismissed as untimely petitioner's requested reopening of his deportation in absentia. The appeal was remanded to consider equitable tolling, but the remand was vacated upon en banc review.

            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:

  • Because deportation proceedings are civil, the U.S. Const. amend. VI guarantee of effective counsel in criminal proceedings is inapplicable. Nonetheless, there is a due process violation if a deportation proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case. It is in this sense that the phrase "ineffective assistance of counsel" has made its way into immigration cases.
  • The fundamental principle is that equitable tolling is appropriate only when the circumstances that cause a party to miss a filing deadline are out of his hands. For this reason, equitable tolling is unavailable where a party fails to exercise due diligence. 
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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