SAMMY AND EVERYONE, PLEASE I NEED AN URGENT ADVICE.

MY PETITION FOR REVIEW TO THE 9TH CIRCUIT COURT OF APPEALS WAS DENIED. THE COURT STATED THAT IT LACKED SUFFICIENT MEANINGFUL STANDARD AGAINST WHICH TO JUDGE THE BIA'S DECISION NOT TO REOPEN. IT ALSO STATED THAT BECAUSE I DID NOT APPEAL THE IMMIGRTATION JUDGE'S ORDER TO THE BIA, THE BIA NEVER RENDERED A DECISION ON THAT ORDER. CONSEQUENTLY, THE BIA LACKED AUTHORITY TO CONSIDER PETITIONER'S SUBSTANTIVE REQUEST TO REOPEN.

AFTER THE IMMIGRATION JUDGE MADE HIS DENIED MY APPLICATION FOR ADJUSTMENT OF STATUS AND GRANTED ME A VOLUNTARY DEPARTURE, I APPEALED TO THE JUDGE TO REOPEN MY CASE BASED ON INNEFFECTIVE ASSISTANCE OF COUNSEL. THIS APPEAL WAS DENIED.

MY NEW COUNSEL THEN DID A MOTION TO REOPEN TO THE BIA BASED ON INNEFFECTIVE ASSISTANCE OF CONSEL. THIS MOTION WAS ALSO DENIED.

HE THEN APPEALED THIS TO THE 9TH CIRCUIT COURT OF APPEAL. THE CIRCUIT COURT DENIED THIS PETITON FOR REVIEW BECAUSE I SHOULD HAVE APPEALED THE JUDGE'S DECISION TO THE BIA, NOT DO A MOTION TO REOPEN.

MY QUESTION NOW IS, CAN I STILL APPEAL THE IMMIGRATION JUDGES'S DECISION TO THE BIA? CAN THIS BE EQUITABLY TOLLED?

CAN I GO TO THE DISTRICT COURT TO ARGUE THAT MY DUE PROCESS RIGHT HAVE BEEN VIOLATED DUE TO INNEFFECTIVE ASSISTANCE OF COUNSEL?

MY LAWYER THINKS WE SHOULD GO TO THE SUPREME COURT. I HAVE SOME DOUBT ABOUT THAT.

PLEASE SOMEONE HELP, THIS IS MY LAST CHANCE.

THANKS
BIBI

The 9th DC is the most liberal court in the country; if you can't trick them then its hopeless. Of course you can appeal to the Supreme Court; how much money you got??? If your lawyer is footing the bill then tell him to go for it; also buy a lottery ticket because if they even hear the case you would be extremely lucky. Do you really believe the Supreme Court is going to listen to an immigration case? They handle a few dozen cases a year out of thousands that people submit. The fees just to apply and get rejected would be exorbitant. Your lawyer is robbing you blind or is a complete incompetent to suggest such a thing. Just stay illegal like everyone else. Eventually marry some unsuspecting USC and get a green card that way. Stop wasting money on that lawyer.

This message has been edited. Last edited by: Michael,

Can someone who has been ordered deported/voluntary departure EVER adjust status in the U.S?

By the way Bibi, how did you enter this country and on what basis did you seek to adjust status and on which basis was that denied?

If I were you, I would start applying to immigrate to Canada. Its unlikely you will suceed after going through many courts like this; I would not waste money, I would be working on Plan B, either move to Canada or listen to Michael, or go back home. It depends on what you want to do, but please know that chances are slim to suceed in court, unless you have new evidence that earlier courts did not examine.

Hey Bibi; tell us the whole freaking story so we can properly advise you; I understand that you applied for VAWA or what? Did they find you guilty of fraud or what? How did you enter the US? Tell us so we can help you. Whats your nationality?

"CAN THIS BE EQUITABLY TOLLED?" Is this English?

I will be able to help you if i know all the bases. You said you filed Ineffecient counsel representation. Did you filed By the LOZada motion? there are certain steps to file for Inefective rep. I don't know if you follow these steps or not.. There are many time bound filing to be done also. You cannot file a ineffective rep motiondirectly to circuit court.

AS mikey said (th circuit is the most liberal court is easy to get case adjusted if filed correctly. this motion has to be filed with BIA first. Attorney complaint has to be filed with Bar Counsel in VA. and copy of the Comlaint to be sent to attorney and he will be given time to answer back which can be send with file to BIA etc. there are more into it.. If i explain all it will be whole night here. If you need further advice let me know your email.

Can this be equaitably tolled? Yes Mike this is english and attorney can understand this terms( not that i,m an attorny but I understand )

Answer: to equitable tolling depands upon your filing and what you are filing , what is your time line. you had 30 days to file and appeal after circuit court. jurisdiction rely within Circuit court what you have filed. If you want to over turn jurisdiction to BIA you need to know your timeline and decision previously made.
Its all depends upon your case filing time line.
Normally eqitable tolling only occured if you filed your motion timely. other then that it will not arguable in court. there is another ways to get what you want but without case history i,m not able to comment .. talk to a good attorney and make sure you take all the paperwork with you so he can determine your fate.

Thank you so much Mohan. I really appreciate your honest answer.

I have just consulted with a lawyer. We are going to be filing a habeas petition at the district court based on constitutional violation on the ineffective assistance of counsel.

I will like to e-mail you directly to discuss more with you. How can I get your e-mail address.

Thanks again.

bibi

How much are you paying for all this???

i,m sorry I don't want to write my email here. write your email and I will reply to that.. laters you can delete your posting.