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.
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