Tuesday, March 18, 2014

Virginia Lawyers Immigration Board Of Appeal Deportation Prior Conviction

Virginia Lawyers Immigration Board Of Appeal Deportation Prior Conviction

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.

Brown v. United States

Facts:

            The alien was a legal permanent resident of the United States for 26 years and deportation was ordered. He then filed an appeal to the Immigration Board Of Appeal to review the legality of his detention by the Immigration and Naturalization Service (INS). He admitted that he was "deportable" because he fired a handgun at some road signs and had a prior burglary conviction, but he claimed that he should not have been deported without receiving a hearing on his application for a waiver 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:

  • When a marriage occurs after deportation proceedings have commenced, the Immigration and Naturalization Service must approve the marriage as bona fide before it can consider the marriage as a basis for adjusting the immigration status of the alien facing deportation. 8 U.S.C.S. § 1255(e).
  • The Immigration and Nationality Act (INA), 8 U.S.C.S. § 1101 et seq., remains the framework statute governing immigration. The United States Supreme Court concluded that declaratory judgment actions under the Administrative Procedure Act of 1946 are available in addition to habeas corpus review. 
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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