Tuesday, March 18, 2014

Virginia Lawyers Immigration Board Of Appeal Deportation Illegal Reentry

Virginia Lawyers Immigration Board Of Appeal Deportation Illegal Reentry

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.

Bell v. United States
Facts:

            Petitioner immigrant sought review of an order of the Board of Immigration Appeal (BIA), which entered a final order of deportation against the immigrant.

            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:

  • Whether to grant a motion to continue deportation proceedings is within the sound discretion of the immigration judge (IJ) and is reviewed for abuse of discretion only. Accordingly, when reviewing the Board of Immigration Appeals' (BIA) decision upholding the IJ's discretionary action, an appellate court upholds the BIA's decision unless it was made without a rational explanation, it inexplicably departed from established policies, or it rested on an impermissible basis, e.g., invidious discrimination against a particular race or group. Because a deportation order is an element of the offense of illegal reentry, the United States Supreme Court has recognized that an alien can collaterally attack the propriety of the original deportation order in the later criminal proceeding. In order to successfully attack the underlying deportation order, the defendant must satisfy three requirements. The alien must demonstrate that (1) he exhausted any administrative remedies that may have been available to seek relief against the order; (2) the deportation proceedings at which the order was issued improperly deprived the alien of the opportunity for judicial review; and (3) the entry of the deportation order was fundamentally unfair. These requirements are listed in the conjunctive, so a defendant must satisfy all three in order to prevail. However, if the defendant satisfies all three requirements, the illegal reentry charge must be dismissed as a matter of law.
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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