Friday, April 25, 2014

Virginia Lawyers Immigration Board Of Appeal Deportation Political Asylum

Virginia Lawyers Immigration Board Of Appeal Deportation Political 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.

Michael v. United States

Facts:

            Petitioner illegal alien sought review of an order of respondent United States Immigration and Naturalization Service's Board of Immigration Appeals (board), which denied her application for political asylum and withholding of deportation. 

            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 Immigration and Nationality Act (INA) authorizes the Attorney General, in her discretion, to confer asylum on any "refugee." 8 U.S.C.S. § 1158(a). The INA defines "refugee" as a person unwilling or unable to return to his native country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. 8 U.S.C.S. § 1101(a)(42)(A). There are three elements the alien must establish to qualify for withholding of deportation or asylum based on membership in a particular social group. The alien must (1) identify a group that constitutes a "particular social group," (2) establish that she is a member of that group, and (3) show that she would be persecuted or has a well founded fear of persecution based on that membership.
  • To demonstrate membership in a particular social group, a petitioner must show persecution that is directed toward an individual who is a member of a group of persons all of whom share a common, immutable characteristic. The shared characteristic might be an innate one such as sex, color, or kinship ties, or in some circumstances it might be a shared past experience such as former military leadership or land ownership. The particular kind of group characteristic that will qualify under this construction remains to be determined on a case-by-case basis. However, whatever the common characteristic that defines the group, it must be one that the member of the group either cannot change, or should not be required to change because it is fundamental to their individual identities or consciences. 
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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