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:

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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