Wednesday, April 16, 2014
Virginia Lawyers Immigration Board Of Appeals Deportation Asylum
Virginia Lawyers Immigration Board
Of Appeals 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.
Paul v. United States
Facts:
Petitioner, a citizen of Peru, challenged the denial of
his application for asylum by respondent Board of Immigration Appeals (BIA) of
the Immigration and Naturalization Service. The immigration judge (IJ) had
ruled in his favor on the asylum claim. The BIA reversed, and also denied
petitioner's claim for withholding of deportation. Petitioner contended that
the BIA did not give the IJ's initial ruling the substantial deference it was
due.
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 Board of Immigration
Appeals has de novo review authority in asylum cases. Determinations of
whether an individual has a "well-founded fear of persecution"
involve not only a subjective inquiry into what fear the individual feels,
but also an objective assessment of the specific facts on which that fear
is based.
- A court of appeals
reviews only the findings and order of the Board of Immigration Appeals
(BIA), not those of the immigration judge. Section 106(a) of the
Immigration and Nationality Act vests the appellate court only with the
jurisdiction to review "final orders of deportation." 8 U.S.C.S.
§ 1105a(a). Final orders are entered only after all administrative
remedies have been exhausted; thus final orders in deportation proceedings
come from the BIA, the highest administrative tribunal.
- To qualify for withholding of deportation under § 243(h) of the Immigration and Nationality Act, an alien must prove a probability of persecution, a more stringent standard than a well-founded fear of persecution. 8 U.S.C.S. § 1253(h).
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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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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