Case Conclusion Date: 01.30.2007
Practice Area: Immigration
Outcome: Petition for Review granted.
Description: Petitioner was granted asylum status in the U.S. Following extensive overseas investigation by the government, immigration service sought to reopen the asylum and initiate removal proceeding against petitioner alleging fraud in initial asylum petition. Immigration Judge (IJ) agreed with the government and ordered petitioner removed to her country finding that petitioner committed fraud in her asylum application. On appeal to the Board of Immigration Appeals (BIA), the BIA agreed with the government and the IJ. We sought petition for review and stay of removal before the Federal Court of Appeals for the 8th Circuit. The Court granted the stay and the petition for review. The court sided with the petitioner, finding that the asylum should not have been reopened. Matter was remanded to the IJ where petitioner's asylum status was reinstated. Petitioner and family now living in the U.S and has she applied for her Lawful Permanent Residency status.