Monday, April 14, 2014

Virginia Lawyers Immigration Board Of Appeal Deportation Criminal Record

Virginia Lawyers Immigration Board Of Appeal Deportation Criminal Record

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.

Isaac v. United States

Facts:

            Defendant was convicted of four state crimes prior to his deportation. At the time of his deportation hearing, the Board of Immigration Appeal retroactively applied the 1996 amendments to the Immigration and Nationality Act, finding him ineligible for relief under 8 U.S.C.S. § 212(c). He was deported but reentered the United States. He was charged with illegal reentry into the United States. The court dismissed the indictment based on a finding that the underlying deportation order was not consistent with due process. The court of appeals vacated the dismissal and remanded for findings of whether the fundamental procedural error in the deportation hearing was prejudicial. The court found that defendant was not "prejudiced" by the error and reinstated the indictment. Given the gravity of defendant's criminal record, he would have been required to demonstrate the existence of unusual or outstanding countervailing equities in order to obtain § 212(c) relief. Despite substantial evidence that many individuals convicted of serious crimes were granted § 212(c) relief, defendant was an individual whose criminal record was extraordinary and whose equities were underwhelming.

            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:

  • Where an alien is deportable by reason of two narcotics convictions, the alien must make a showing of unusual or outstanding countervailing equities to obtain a waiver of deportation. The necessity of demonstrating unusual or outstanding equities is not exclusively triggered by serious crimes involving controlled substances, however. Rather, one must examine the gravity of the offense, per se. In addition, such a showing may be mandated because of a single serious crime or because of a succession of criminal acts, which together establish a pattern of serious criminal misconduct. Finally, an alien who demonstrates unusual or outstanding equities, as required, merely satisfies the threshold test for having a favorable exercise of discretion considered in his case; such a showing does not compel that discretion be exercised in his favor. The Board of Immigration Appeals has found, inter alia, family ties, long residence in the country, arrival at a young age, emotional hardship to family members upon deportation, gainful employment and difficult childhood experiences to constitute unusual or outstanding equities. The presence of unusual or outstanding countervailing equities will not necessarily outweigh adverse factors.
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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