Tuesday, March 18, 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.

George v. United States

Facts:

            Petitioner refugee sought review of the decision of the Board of Immigration Appeal (board), which affirmed the decision of the immigration judge denying the refugee's application to respondent United States Immigration and Naturalization Service (INS) for asylum or withholding of deportation.

            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:

  • The Immigration and Nationality Act (Act), 8 U.S.C.S. §§ 1101-1537, provides two routes to avoid deportation for an otherwise deportable alien who claims he will be persecuted if he returns to his home country. First, an alien can apply for asylum. 8 U.S.C.S. § 1158(a). The attorney general has authority, under 8 U.S.C.S. § 1158(b)(1), to confer asylum on an alien if she concludes the alien is a refugee as defined by the Act. A refugee is anyone unwilling or unable to return to his native country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C.S. § 1101(a)(42)(A). To establish a well-founded fear of persecution, the alien must show: (1) that a reasonable person in the circumstances would fear persecution, and (2) that the fear has some basis in the reality of the circumstances and is validated with specific, concrete facts. The fear must be appreciably different from the dangers faced by the alien's fellow citizens.
  • An alien claiming persecution can also avoid deportation through the provision known as withholding of deportation, under which the attorney general will not deport an alien upon finding that the alien's life or freedom would be threatened there because of his race, religion, nationality, membership in a social group, or political opinion. 8 U.S.C.S. § 1253(h). The alien must demonstrate a clear probability of persecution based on one of these factors. If an alien is unable to establish his right to asylum, he will be unable to meet this stricter standard for withholding of deportation.
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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