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:
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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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