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  • mohan-pl clarify

    My appeal is pending in circuit court. MY assylum application was denied by IJ on the grounds that the govt in ur home country is not involved in persecution & they are taking action agaist the terrorists. BIA affirmed same decision.While we maintained that no doubt that govt is not involved but she is unable to protect the minorities from the persecutions by majority group.This factor is also a ground for assylum.
    Now the situation has more worsened, which is covered in world media.
    I saw ur post on similar situation in the past wherein u stated that change in the country conditions will not be considered by the circuit court, instead they will only review the IJ/BIA's decision based on the past evidences & no new evidence such as change in country conditions will be accepted. My attotney says otherwise. However, I have no confidence in his ability but since I have paid him handsome money, therefore, I have no choice except to agree with him.
    Will u pl advise me, whether I continue to trust his skill or fire him since I can't afford to lose this case? What other options I have, including to petition for re-opening the case at this stage etc.

  • #2
    My appeal is pending in circuit court. MY assylum application was denied by IJ on the grounds that the govt in ur home country is not involved in persecution & they are taking action agaist the terrorists. BIA affirmed same decision.While we maintained that no doubt that govt is not involved but she is unable to protect the minorities from the persecutions by majority group.This factor is also a ground for assylum.
    Now the situation has more worsened, which is covered in world media.
    I saw ur post on similar situation in the past wherein u stated that change in the country conditions will not be considered by the circuit court, instead they will only review the IJ/BIA's decision based on the past evidences & no new evidence such as change in country conditions will be accepted. My attotney says otherwise. However, I have no confidence in his ability but since I have paid him handsome money, therefore, I have no choice except to agree with him.
    Will u pl advise me, whether I continue to trust his skill or fire him since I can't afford to lose this case? What other options I have, including to petition for re-opening the case at this stage etc.

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    • #3
      Mohan is on vacation.

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      • #4
        Umesh Passi. Can u please clarify my doubts please?

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        • #5
          It would be better if you discuss your case with some experienced Immigration Attorney who specializes in Asylum cases. There is no harm in having a second opinion and then if you feel that your present attorney is incompetent then you must change your attorney. You can get country specific reports from Department of State, Amnesty International and other Human Rights Organization to support you case that still there is persecution of minorities in your country.
          Good luck.

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          • #6
            it it true what i have said in the past. your case in circuit court should have some kind of errors made by BIA/Immigration court the it will be remanded back to BIA for further opening.
            it seems to me that you did not have enough proof to prove your case. once your case is in circuit court already your can ask your attorney to do "one point motion" and in that motion you can explain the origional base of your asylum and provide the new evidence .To back your statement you must repeat your origional case statement/factor and must ask the circuit court that Immigration court erred the decision and did't took your statement into consideration that what you state and now the situation is worsen in your countyr, you must provide proof and ask to remand your case back .
            On the other hand you can Do another motion under CAT OR ask service to join the motion, Good lawyer can file the joint motion with service counsel.
            Its a discussion, not a legal advise..

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            • #7
              deport illegal aliens

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              • #8
                backing up my statement with example where Circuit court deny the review base "new evidence should be filed with BIA"


                http://www.ilw.com/lawyers/immigdail...0709-elahi.pdf

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