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:
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Our Phone #
Virginia | |
| 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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