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Frequent Member
Picture of floyd
Posted
Now that the Ij has denied my lawyer's request for relief based on the debate going on in congress, I am off to the appeal route.

Need less to say, I fired him after the fact. I think he jeopardized my case by refusing to argue or present the Ij with a better argument.

Do I need an lawyer to appeal the IJ's decision to deny me a continuence? I know I have 30 days.

Is there any other form of relief at this time, if I may ask?

Please refer to previous post for background on case.

Thank you.
 
Posts: 120 | Registered: 05-13-2006Reply With QuoteEdit or Delete MessageReport This Post
Power Member
Posted Hide Post
IJ do postopone cases when there is reasonable expectation that someone would qualify for certain benefit in near future but is not qualified at present.

Debate going on in Congress is not a reasonable expectation of qualifying in future under existing law, because "debate" does not mean "law".

You won't win case by merely appealing it, unless IJ decision was in clear error.
 
Posts: 2501 | Location: NJ, USA | Registered: 03-11-2006Reply With QuoteEdit or Delete MessageReport This Post
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Picture of floyd
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Is it then your opinion that I am screwed, or do I have another avenue at this point?
 
Posts: 120 | Registered: 05-13-2006Reply With QuoteEdit or Delete MessageReport This Post
Senior Member
Picture of dragonlady
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AF1 makes sense. The debate is nowhere near law and may never get there. Your lawyer took a leap for you requesting relief based on a possibility. He may have done his best based on little or no basis on which to argue a point. He is probably happy you fired him.

I doubt, quite seriously, you have any avenue for appeal but I am sure you will find a lawyer who would be willing to take your money.
 
Posts: 720 | Registered: 02-01-2005Reply With QuoteEdit or Delete MessageReport This Post
Power Member
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Attorney is a MUST in any kind of proceedings, and it's better to have a good one which won't be cheap, but at the same time one has to know what are the statutory grounds to the request relief.

Appealing the case that has no options to win is nothing but wasting of time and resourses (for the sake of a month-two delay of deportation? Confused )
 
Posts: 2501 | Location: NJ, USA | Registered: 03-11-2006Reply With QuoteEdit or Delete MessageReport This Post
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