Friday, March 28, 2014

Virginia Lawyers Immigration Board Of Appeal Deportation Hardship

Virginia Lawyers Immigration Board Of Appeal Deportation Hardship

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.

Shah v. United States

Facts:

            Deportation proceedings against the alien were originally dismissed based on a finding that he was not a present member of the Communist Party. A new statute was enacted which allowed for deportation of aliens with past communist affiliations. A second deportation hearing was held and deportation was recommended. The Immigration Appeals Board reversed, finding that the alien had not been a Party member. The Attorney General disagreed and ordered deportation. The alien appealed. The appellate court affirmed. On review by the Supreme Court, the appellate court's judgment affirming the deportation order was reversed. The statutory term "affiliation" was improperly construed by the appellate court. The alien's association and contact with the Communist Party was for cooperative measures related to his legitimate longshoremen's union activities. Unsigned, unsworn hearsay allegations that the alien was active in the Party were insufficient to establish the alien's Party affiliation. As there was no proof that the alien gave direct support to the Communist Party and advocated subversive conduct, he was not affiliated with the Party. Deportation was unwarranted.

            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:

  • Though deportation is not technically a criminal proceeding, it visits a great hardship on the individual and deprives him of the right to stay and live and work in this land of freedom. That deportation is a penalty - at times a most serious one - cannot be doubted. Meticulous care must be exercised lest the procedure by which he is deprived of that liberty not meet the essential standards of fairness.
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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