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Davis v. United States

Facts:

Petitioner alien challenged an order of respondent, the Immigration and Naturalization Service, which denied petitioner's request for asylum in the context of a motion to reopen the deportation proceedings under the Refugee Act of 1980, 8 U.S.C.S. § 1158. Petitioner based his motion on his fear of persecution for refusing to serve in the Salvadoran military.

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Holdings:

The Virginia Court made the following holding:

• The Refugee Act of 1980 (the Act), 8 U.S.C.S. § 1158(a), which amended the Immigration and Nationality Act of 1952 (INA), establishes for the first time a statutory basis for the grant of asylum to refugees already within the United States. Section 208(a) of the Act, 8 U.S.C.S. § 1158(a), provides the Attorney General and his delegates with discretion to grant asylum to an alien present in the United States, if the alien satisfies the statutory definition of refugee.
•  The court must affirm the Immigration and Naturalization Board of Appeals (BIA)'s denial of a motion to reopen unless it (1) was made without a rational explanation, (2) inexplicably departed from established policies, or (3) rested on an impermissible basis such as invidious discrimination against a particular race or group. The BIA's decision need only be reasoned, not convincing.

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.


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.