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Thread: More information for readers regarding my deniel case by BIA.

  1. #1
    Guest
    Yes the judge gave the final decision that I should be deported, my political asylum case was denied becuase they wanted more evidence of persecution in my country of origin, and thus the board of appeal exactly followed the same decision of the judge and the case was dismissed. Other than that the court decision does not say any further what I have to do next. Then I spoke to the lawyer he said that he will reopen my case at Board of Appeals for reconsider. But you said that you can apply for cancellation of deportation becuase yu lived more than twenty years in this country. Do you know who can apply for this category. Who ever live in this country legal or illegal can apply for this benefit. I did requested for the relief as well but the board did wrote. Finally we note that for the first time on appeal the respondent requests relief in the form of cancellation of removal. The respondent has failed however to put forth a prima facie for the relief. See Matter of Coelho, 20 I&N Dec.646 (BIA 1992) (holding that the Board may deny a motion to remand where a prima facie case for the relief sought has not been established). We thus find it inappropriate to remand the record to the immigration Judge for consideration of the request. The following order wil be entered. ORDER: The appeal is dismissed. Please response what I have to do next. Your early reply will be highly apprecaited. Thanks for your human emotion and your advice. Please I need real answer to my case. What I can do next to adjust my status. Hoping that now I have given all readers a clear picture of both INS, Immigration Judge and Board of Appeals decision as well.

  2. #2
    Guest
    Yes the judge gave the final decision that I should be deported, my political asylum case was denied becuase they wanted more evidence of persecution in my country of origin, and thus the board of appeal exactly followed the same decision of the judge and the case was dismissed. Other than that the court decision does not say any further what I have to do next. Then I spoke to the lawyer he said that he will reopen my case at Board of Appeals for reconsider. But you said that you can apply for cancellation of deportation becuase yu lived more than twenty years in this country. Do you know who can apply for this category. Who ever live in this country legal or illegal can apply for this benefit. I did requested for the relief as well but the board did wrote. Finally we note that for the first time on appeal the respondent requests relief in the form of cancellation of removal. The respondent has failed however to put forth a prima facie for the relief. See Matter of Coelho, 20 I&N Dec.646 (BIA 1992) (holding that the Board may deny a motion to remand where a prima facie case for the relief sought has not been established). We thus find it inappropriate to remand the record to the immigration Judge for consideration of the request. The following order wil be entered. ORDER: The appeal is dismissed. Please response what I have to do next. Your early reply will be highly apprecaited. Thanks for your human emotion and your advice. Please I need real answer to my case. What I can do next to adjust my status. Hoping that now I have given all readers a clear picture of both INS, Immigration Judge and Board of Appeals decision as well.

  3. #3
    Guest
    Ray,
    While we can give our opinion on your case,this would confused you more as your case is already in the court.See your lawyer regularly and maybe you can make better strategies on your case.Try leaving your fate in the court, hard it may be but the law needs some review and revisions as you see it so keep fighting.

  4. #4
    Guest
    I just needed your help, rather doing research I am doing research on the working pattern of both INS and Board Of Appeal. To me it looks like that INS=BIA. Anyway if you cannot help me any further with your knowledge, thanks anyway for your courageous reply. The lawyer told me that we can reopen your case and still if they deny you we can take them to US Court of Appeals. So thanks for your reply. If you want to share anymore information about my case I will be very happy to accept your honorary advice. Thanking you in advance.

  5. #5
    Guest
    Usually, with a motion to reopen for new relief(cancellation of removal) that could not have been available at your prior hearing. If this relief was available why didn't your attorney request this. For this relief, you have to have 10 yrs continous physical presence in the u.s., in any status. The 10 yrs has to be prior to being placed in proceedings in immigration court. Also you need a qualifying relative that you have to show your removal from the u.s. would show extreme and unusual hardship. A qualifying relative is a resident or usc spouse or children. In your motion to reopen you have to file the actual cancellation application along with supporting documents(marriage certificate, spouse's naturalization certificate if any, and you usc children's birth certificate) This is what is considered prima facie evidence. Your attorney should know this, if he doesn't get a new one. Good Luck

  6. #6
    Guest
    Thanks for your reply regarding my case. Before I was pleading my case by myself. Now I hired a Lawyer to do this. I dont know what you mean by new relief and it was not available at that time of deportaion proceeding. I have lived more than 20 years in this country, and proceeding for deportation came into existence in Deember of 2001. If I was eligible for that the judge would have granted that to me at that time. I did requested the relief to the Board of Appeal, but you said that you should have qualifying child or USC spouse, but I dont have neither spouse nor child, will I still be eligible for the relief. Please reply. I did not present the case to IBA in a court language, may be they want a refined presentation thatswhy I gave it to the lawyer, he said that if they deny now then we can go to US Court Of Appeals. Please reply I need your help. I didnot had enough money to hire a lawyer now I do have thatswhy, being poor in court language I lost my case. Do you think that Board of Appeals we reconsider my case and grant me the relief or not. Please reply.

  7. #7
    Guest
    Ray,
    I don't know the full history of your case. if you inlighten me I might have a suggestion, , how long you was married/ I need to know to determine that if you are qualify for self petition or Not. How long you lived in US? how you entered?
    You have one Month to file motion to reconsider so be quick,

  8. #8
    Guest
    Let me first thank you for responding to my situation with both INS and board of appeals. OK I came to United States on student visa in July of 1982. The education was a real job which only paid $225.00 on quarterly basis, including boarding and lodging. Then I decided to marry, so that I can earn decent money and live a family life. After one year of writing with my wife, who was stationed in Germany for United States Army duty. So she inquired from the Consulate, I inquired from the INS in New York, they both told that she has to come with her leave order, so that she does not have to be present for interview. Becuase after marriage she has to go back to Germany. So we did as we were told. She did go for interview with me to the INS, but they said that we have nobody extra who can have interview today. Then she took oath and gave her leave order and military ID to contact representative. And then he told us that when you come for interview, even if your wife is not there at the time of interview becuase she is a army personnal and stationed in Germany, therefore she has a genuine excuse and her presence in not required by law, and your case will be adjusted to permanent residence on the day of interview. When I went for interview, the examiner asked me two question, do you have a lawyer and where is your wife. I told her that I do not have a lawyer and my wife is stationed in Germany in active army duty. Then she tells me that we cannot adjucate your case until we have interview with your wife, please inform us whenever she comes back to this office. I told her that we inquired from the Consulate, the information officer, the contact representative they said that her presence for interview is not required, and that is law. She said that this is our mistake. I said if that is your mistake why should I be penalised. She told me to shut up and if I said another word she will punch me. Thats the turning key in my case where the examiner misuse her power. Then I send that letter of examiner decision to my wife. She changed her mind and took divorce, becuase she said that whatever INS said we did it if they are not giving you greencard you go fight with them, our marriage is interfering her job. So she took divorce. The marraige lasted for more than a year, and I was innocently divorce because of Examiner misuse of power. Then my wife wrote me letter that it was her mistake and she will remarry me and go for interview. In the meanwhile for her good performance in job her duty was extended for another 10 years. So she told me that yu be in New York and when I come back I will marry you. So in September of 1996 she came back to United States and married a rich guy, telling me that she lost contact with me. Then I applied for Political Asylum, but that was denied too, by Board of Appeals, I fought by myself with both INs and IJ by myself. Hoping that you can now get clear picture about my both marriage case as well as political asylum. I even informed INS many a times both in writting and in person that I am not married any more to my wife and it was examiner fault, but they told me that they will let me know by mail. But they never wrote me anything regarding my case. I inquired from inspector, supervisor and supervisors supervisor, they all said that will let you know by mail. Hoping you do understand my situation. When I told immigration judge about marriage fruad, he said that you have to deal that with INS, I am here to hear about your political asylum case. And he denied my asylum case because he wanted more evidence to prove my case. So please advice me can I reopen my marriage fruad case, which the INS is just covering itself, because when I got the papers in my file through Freedom Of Information there is nothing in the file which can precipitate marriage fraud, except that my wife wrote them a letter that I married her just to get greencard, and I used her. But I have enough evidence that even after divorce she wrote me letters still accepting me as her husband. Please write me in detail if you can help me in anyway. I highly appreciate your knowlegde and time taken to read my this case. I am innocent both in marriage and political asylum case and have enough evidence to proof my case in the court of law. So please let me know can I still open my marriage case as well as reopen my Politacal asylum case. I was being told by some other reader that if I have lived in this country for last ten years I can apply for relief. I already hired a lawyer and he said that he will reopen my case for Political Asylum. Can I sue INS for there misuse of power in my marriage case or can I reopen my case if so where I have to go to do this. I asked the lawyer he told me that if you are not married you cannot reopen your marriage case irregardless even if it was INs fault, is that true. Some one on this Board also told me that you can apply for Bill of rights, or you can open your petition in United States Court of Appeals. Please reply what next step should I take to face this situation. Thnaks for your early response. Please if possible elobarate the possibility.

  9. #9
    Guest
    I got the whole story. First of all, your marriage was not lasted more then two years, According to the LAw it was shems, and was not bonifide. you cannot self petition yourself. Another issue is , your wife wrote the letter to INS stating that you married him for green card, which is a marriage fraud. No matter how many proof you have to proove that it doesn't matter. one party statement is enough to make INS decision.
    Regardless what INS officer told you at the time of interview , it has no record to take any action against INS. There are noting on the record.
    NOw when You apply for PA , this matter was already in INS files, it was already prersumed that you want to stay, which effect your PA case. Immigration Judge was there for Judgement of PA case not the marriage case.
    Even if the Lawyer open you PA case again then still you have to proove the situation what you are claiming in your PA application.
    IJ will only grant PA if you satisfy the with the facts and supporting Documents.
    You should know where you stand by now. I am sorry, thats the way system works,
    Marriage interview can be done in two different places she would have been interviewed in Germany but I think she already wrote the letter to INS before your interview, thats why INS officer was nasty. she alrady Knew your marriage life. Believe me I know the INS treatment in NYC AND Newark.
    The best thing is to prepare the evidence for your political case and motion to reopen with the help of good attorney.. it will be very hard if not tough..( make sure you find attorney who can really assess you case ... you don,t need attorney who just fill forms and take money not .....Good luck.

  10. #10
    Guest
    So I have to forget about the marriage case. There is no way that I can reopen marriage case. But the Lawyer told me that he have to study what I submitted in my case and will put some e.g of cases which have been decided in situation like mine for Political Asylum. If that is denied we can go to circuit court. Is there any relief for me to cancel deportaion, and what about Bill of Rights. Do any of these category apply in my case. Please reply. No my wife did not wrote to them when I went for interview but she wrote them after a year. These guys have negative attitude or see everyone with suspect and thats the reason general public has to suffer. If they new it was a marriage fraud then why did they not deported me at that time. Please reply. I need a realistic reply from you to come out of this swamp, I am totally sick of this environment Of INS. Someone wrote me that if you have lived ten years in this country you can apply for relief, or cancellation of deportation. I did not knew about marriage fruad till Feb of 1998 when I received the papers in my file through Freedom of Information, and when The Asylum Officer made a decision that I was involved in marriage fraud previously. That was in September of 1996. Is there anything else I can do to remain in United States. The INS made all the mistake and criminal negligence, and I cannot even plead for right and wrong. God forbid that what kind law is that that we sufferer and cannot do anything to the INS. One lawyer told me you can sue the INS. You will not get greencard but can collect some money. Is that true. Please reply whatever is feasable for me to face this INS. Is there amnesty avialable for me or not. Your early action with good suggestion will highly be apprecaited.

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