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Mohan - Need Ur View Pl

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  • Mohan - Need Ur View Pl

    I have my asylum appeal in circiut court. My lawer had discussion with the US attorny, who agreed to send my case back to BIA for review. What does that mean to me? Is it the end of the appeal process?

  • #2
    I have my asylum appeal in circiut court. My lawer had discussion with the US attorny, who agreed to send my case back to BIA for review. What does that mean to me? Is it the end of the appeal process?

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    • #3
      means your case will be remanded back to BIA for further adjudication. BIA will correct the mistake or Look again and if they think there is any incapablities they will correctand decide the case. BIA can oppose also with the motion too so you are not out of the woods yet.
      Its a discussion, not a legal advise..

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      • #4
        Thank u Mohan. I appreciate ur reply. I was wondering, if u can pl educate me on this matter. Is BIA final authority in such cases or the immigration judge, who made the initial decision? Moreover, can BIA or the judge send it back to the appeal court?

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        • #5
          its a matter of jurisdiction. I will write asylum procedure as an example Here ;

          Aliens files asylum..... goes to asylum officer for interview.. USCIS has jurisdiction.. Passed---> asylum graneted and wait for Adjustment.
          failed....> NTA/OSC issued and hearing date scheduled in court.

          Didnot appear for hearing....> deported in absentia.

          If appeared..... Either granted asylum or Denied.

          If denied....> IJ will sought for relief if available for Alien based on history and stay in US......> grant Voluntary departure.( EOIR HAS authority to adjucated)

          If not ...> case denied.

          Alien..filed appeal...> denied or approved.
          If any mistakes in proceeding...>Alien files Appeal with BIA.( jurisdiction goes to BIA.
          BIA .. affirm decision of IJ and denied APPEAL.

          Alien Files ... Circuit court....> Jurisdiction goes to Circuit court. BIA lost the jurisdiction.

          Circuit court reverse decision and remended...> jurisdiction goes to BIA for another look.
          If agrees Can be remanded back to EOIR court Or USCIS for further adjudication.
          Its a discussion, not a legal advise..

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          • #6
            Thank u once again for clarification. God Bless u for helping those in need.

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