Philadelphia, PA
Immigration Lawyer at Philadelphia, PA
Practice Areas: Immigration, Asylum
OUTCOME: The appeal of the Department of Homeland Security was sustained.
The Board of Immigration Appeals reviews de novo an Immigration Judge’s prediction or finding regarding the likelihood that an alien will be tortured, because it relates to whether the ultimate statu ... tory requirement for establishing eligibility for relief from removal has been met and is therefore a mixed question of law and fact, or a question of judgment.
OUTCOME: Petition for writ of habeas corpus granted.
Neither IIRIRA nor AEDPA repealed the District Court's jurisdiction under 28 U.S.C. § 2241 to issue writs of habeas corpus to persons in federal custody. The scope of such habeas review extends at lea ... st to pure issues of law. AEDPA § 440(d) does not apply retroactively to motions to reopen and applications for waivers of deportation provided by pre-AEDPA § 212(c) of the INA.
OUTCOME: The motion to remand was granted and the record was remanded to the Immigration Judge for further proceedings.
Where an alien has not strictly complied with the regulatory requirements of 8 C.F.R. § 3.2(c)(1) (1997) by failing to submit an application for relief in support of a motion to reopen or remand, but ... the Immigration and Naturalization Service affirmatively joins the motion, the Board of Immigration Appeals or an Immigration Judge may still grant the motion.
Ad
Transform legal challenges into solutions.
Connect now to review your situation.
