Thursday, February 27, 2014
Virginia Lawyers Immigration Deportation Asylum
Virginia Lawyers Immigration Deportation
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.
Cook v. United States
Facts:
Petitioner alien sought review of a decision of the Board
of Immigration Appeals rejecting his appeal of an Immigration Judge's (IJ)
ruling denying his application for asylum in the United States and for
withholding of deportation to the People's Republic of China. The respondent
was the United States Attorney General.
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:
- United States law
extends two forms of relief to refugees: asylum and withholding of
deportation. Associated with each is a different burden of proof, which in
both cases is borne by the applicant. It is easier to establish
eligibility for asylum, but the power to grant asylum to eligible aliens
is discretionary, and reserved to the Attorney General. 8 U.S.C.S. §
1158(b). By contrast, the Attorney General must withhold the deportation
of an alien who passes the stricter test for this form of relief.
- To establish eligibility for asylum, a petitioner must show that he is a "refugee" within the meaning of the Immigration and Nationality Act, i.e., that he has suffered past persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or that he has a well-founded fear of future persecution on these grounds. 8 U.S.C.S. § 1101(a)(42) A showing of past persecution sets up a rebuttable presumption of a well-founded fear of future persecution, which is overcome only if a preponderance of the evidence establishes that a change in circumstances in the applicant's country of nationality has occurred such that the applicant's fear is no longer well-founded. 8 C.F.R. § 208.13(b)(1)(i). To be entitled to a withholding of deportation, the refugee must further establish that it is more likely than not that, were he deported, his life or freedom would be threatened on account of one of the privileged grounds mentioned above. 8 U.S.C.S. § 1231(b)(3)(A). A showing of past persecution threatening life or freedom creates a presumption of threats to life and freedom upon return. This presumption is overcome only if a preponderance of the evidence establishes that conditions in the country have changed to such an extent that it is no longer more likely than not that the applicant would be so persecuted there.
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.
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