Friday, April 4, 2014

Virginia Lawyers Immigration Board Of Appeal Deportation Hardship 8 USCS 1326

Virginia Lawyers Immigration Board Of Appeal Deportation Hardship 8 USCS 1326

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.

Banks v. United States

Facts:

            In an action arising out of an indictment charging defendant with illegal reentry into the United States, a violation 8 U.S.C.S. § 1326(a), the United States Court of Appeals for the Second Circuit remanded the case to the court for an evidentiary hearing and findings on the question of whether the fundamental procedural error in defendant's deportation hearing was prejudicial.

            If you are facing an 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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