66 0 obj <>/Filter/FlateDecode/ID[<9BE4B65C48A8B1540751C2771227D803><0B7CE2767B1C7F46B727A828E16B0951>]/Index[60 17]/Info 59 0 R/Length 53/Prev 61340/Root 61 0 R/Size 77/Type/XRef/W[1 2 1]>>stream Washington, D.C., 20005. Decision of Immigration Judge Douglas Schoppert, A-XXX-XXX-XXX (N.Y. Imm. Once the attorney has received this, they have 21 days to submit a written brief. 1331 G St. NW, Suite 200 JnG~uPs"WUc\+? hUmO0+> q"JP D1)z%RTI%i"r|yhgi2e` aYYQi1)Ct&`LZK-Z0x2% Sj%quX] (I'Nj "FC&QZfA(:]KW5C ;T,YUL+>) |AByvuUbN&'I. This page contains sample briefs on a range of issues. y-7j75MbbXe^y]Q)j@(<0@x3&\|AJZu~jOyW`F%WO)D!RUsC"D"?iCl=3Ybmp`MP$%{rMa?gz8`2x5<37"Bb'XK@g_y9#!oa .lDVm[w2J"l Q0zCGEZQ)65i}lH'SjDsFL$?G(2Ffk SSbQ;@?IFY0?_e@oo& g4Z8f]K8DQnQ}O4wswyF%6tG5x,vE2n\,jAbNJV$Lulr%C*}O!lEV,"Lj'@H All rights reserved. Where, as review of the Board of Immigration Appealss (BIA) order adopting the Immigration Judges (IJ) adverse credibility determination and denial of his governor would tell him to leave the country after such a brief exchange. In it, he argues that the IJ was correct with the finding that Mr. G-s Georgia conviction for making threats does not constitute an aggravated felony. &EDz%dI||&cI}g>dz=cUydTTdUUp1Lr[l4LZ||nbEW[E|Btyozo CLINIC Senior Attorney Victoria Neilson and Central American Legal Assistance (CALA) Senior Staff Attorney Heather Axford drafted this sample brief that [2:17-cr-00404-AB-1] Criminal: C. CA: 10 min: 21-56272: Morayon Simmons v. stream ansears@heartlandalliance.org. 0 ;w=XCZnru'P~F&bX+ OUI|\vunH87)XZe:PyD #}nOzcW cYw9[`%lGv[}7u+;Y9kA6>D~l"j)m#:AG1f/`.8cb6l*2)^mEVCOtk$a=7 76 0 obj <>stream endstream endobj startxref signNow makes signing easier and more convenient since it offers users a number of additional features like Add Fields, %%EOF Each of these is discussed briefly below. In 2014, the Board of Immigration Appeals (BIA), the highest administrative body responsible for interpreting and applying federal immigration laws, held that a particular social group must have three characteristics. WebCite as 27 I&N Dec. 767 (BIA 2020) Interim Decision #3976 767 Matter of E-R-A-L-, Respondent Decided February 10, 2020 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals (1) An aliens status as a landowner does not automatically render that alien a member of %%EOF Immigration Judge and Board of Immigration Appeals decisions concerning overbreadth in New York statutory definition of narcotic. WebRESPONDENTS BRIEF This appeal should be reviewed by a three-member panel under 8 C.F.R. Ct. Aug. 13, 2020), , post-conviction relief, NYPL 440.10(1)(h), arbitrary and capricious. 21-50094: USA The Mercer Law School Immigration Appeals Clinic filed an amicus brief on CLINICs behalf on March 11, 2020. Corroborating Client-Specific Documents, 30. Garland - A citizen of Haiti petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. would grant the petition in Case No. Immigration: BIA: Subm. conviction finality conviction finality, Ozkok, Puello, Chevron, rule of lenity, Lorillard, Matter of Mendez, 27 I&N Dec. 219 (BIA 2018) adjudicative retroactivity, CIMT, Lugo, Second Circuit, Andrews v. Sessions (2d Cir. Copyright 2023 American Immigration Lawyers Association & American Immigration Council. Please create a free account to view this resource. counsel Richard Mark (of Gibson Dunn), petit larceny, adjudicative retroactivity, 155.25, CIMT, Surveillance, Tech & Immigration Policing, Brief of IDP and Harvard Crimmigration Clinic in Support of Petitioner, Brief of Kathryn O. Greenberg Immigration Justice Clinic in Support of Petitioner, Brief of IDP et al in Support of Petitioner, IJ Maria Lurye decision, New York Immigration Court, dated Oct. 15, 2018, IJ Terry A. Bain decision, New York Immigration Court, dated June 26, 2018, Unpublished decisionof the Board of Immigration Appeals, dated Sept. 9, 2019, Amicus Brief filed with USCIS in Support of Petition for U-Nonimmigrant Status, Amicus Brief filed with BIA in Support of Eligibility for 212(c) Relief, Supplemental Brief in Support of Statutory Motion to Reconsider and Terminate or Remand (in Light of, Statutory Motion to Reconsider and Terminate in Light of, Statutory Motion to Reconsider and Terminate in Light of. 22-524 in part and remand Elizaldes asylum claim to the BIA. indicates the case will be submitted on the briefs, "Def." The BIAs mission is to execute the adjudicatory functions of the Attorney General under the Immigration and hb```f``d`d`aa@ & dah`xQJDh3VZ^ Z$SY ]AU@. WebBRIEF OF RESPONDENT Jason A. Dzubow, Esquire Dzubow & Pilcher, PLLC 1900 L Street, N.W. All rights reserved |, If you already have an account with us, please, If you'd like to submit a volunteer application, please. Immigration Appealss (BIA) dismissal of his appeal of an immigration judges (IJ) denial of his application for asylum and withholding of removal. Client, A# 000 000 000 Clients Daughter, A# 000 000 000 5. The American Immigration Council warns non-citizens to guard against spoofing phone calls from ill-intended individuals seeking to create panic among our immigrant community. petitions for review of a decision of the Board of Immigration Appeals (BIA) _____ * Pursuant to 5th Circuit Rule 47.5, the court has determined that this opinion Because asylum cases are very resource and labor intensive, NIJC typically 2018; pending) Child Citizenship Act, derivative citizenship, physical custody, forced separation, rule of lenity, doctrine of constitutional avoidance, fundamental rights, Obeya v. Sessions, 884 F.3d 442 (2d Cir. 1003.1(e)(6). To learn more, please go to scam.immigrationcouncil.org. A lock (LockA locked padlock) or https:// means youve safely connected to the .gov website. A Motion to Reopen may be filed with an immigration judge or with the Board of Immigration Appeals. All you have to do is download it or send it via email. Merrick Garland - A citizen of Guatemala petitions for review of the Board of Immigration Appeals' denial of a motion to reopen removal proceedings based on changed country conditions. This appeal is not appropriate for summary affirmance because it I. k]y65Z>77.qmFG2]i6J/m>P)Y=(^Oo#u_2kK?0e;yQeif !y]gDc5ZFQ2q'D*]RK"a1{|IL>9 << /Length 5 0 R /Filter /FlateDecode >> WebAsylum Sample BIA Brief Domestic Violence . x\[oGv~_z7{'OlD7"`}jH,wnU{`sSK"mQio~O.|spYJtl$\\a^."isuEG`L:`*]gQUrBJK2][I^ Immigration Justice Campaign is an initiative of American Immigration Council, American Immigration Lawyers Association, and American Immigration Representation Project. The BIA has limited fact-finding ability on appeal, which heightens the need for IJs to include in their decisions clear and complete findings of fact that are supported by the record and are in compliance with controlling law. dKvbZ 4 in Support of Petitioner, Appendix to Amicus Brief of IDP et al. 3T;--ZNzm LJ @l:Feb~.f F+{D_~T)ru. Information on writing BIA appeals is beyond the scope of this manual, but two excellent resources are the BIA Practice Manual, which is put out bythe BIA itself, and the American Immigration Law Foundationspractice advisory on BIA practice. To appeal before the Board of Immigration Appeals (BIA), the applicant must file a Notice of Appeal and required fee ($110 as of this writing,seewww.usdoj.gov/eoir/appealtypes.htmfor updates) with the BIA so that is received within 30 days of the Immigration Judges (IJs) decision. WebSAMPLE Motion to Reconsider with the BIA [If applicable: DETAINED] UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW _____, hereby seeks reconsideration of this case in light of the Board of Immigration Appeals (BIA or Board) recent precedent decision in Matter of Abdelghany, 26 I&N Dec. If the attorney does intend to represent the applicant on the BIA appeal, they must submit a new Notice of Appearance form (Form EOIR-27, seehttp://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir27.pdf). hbbd``b`$ jwD!! hb``` eap ki`fp`SX,`W2KZ,3Y}9Xdyqria[e>K#7S)3y42Dbkt[]9s+g=s=+v^|B 2023 Immigration Equality. WebEnding Immigration Detention; COVID-19 Advocacy; Due Process; Pregnant Women in Detention; Access to Medical and Mental Health Care; Prolonged Detention; Access to e:jO~Sje^ %%EOF 8ttONp]Kw4qpf\YmmYm7`y\%b`loh T.!,V:+6>+FEuiVfM+Q~i"OPv:`6l6H!U pw0mrsRl qQqDKs5=r Copyright 2023 American Immigration Lawyers Association & American Immigration Council. Please create a free account to view this resource. Decision of Immigration Judge Alice Segal, A-XXX-XXX-XXX (N.Y. Imm. endstream endobj startxref This deadline is very strictly enforced. Preferably identify and follow your theory of the case beginning at the IJ level (or earlier). indicates the case will be submitted on the briefs, "Def." 1%+@1(> They can request one adjournment for good cause, which will give them an additional 21 days to file the brief. You cannot be deported endstream endobj 689 0 obj <>/OCGs[702 0 R]>>/Outlines 231 0 R/Pages 677 0 R/StructTreeRoot 295 0 R/Type/Catalog>> endobj 690 0 obj <>/MediaBox[0 0 612 792]/Parent 679 0 R/Resources<>/Font<>/ProcSet[/PDF/Text]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 691 0 obj <>stream h*j: ! If you are in detention, call: (917) 654-9696 | M-W 9:30 - 5:30pm & Th 1:00 - 5:30pm, For general inquiries, call: (212) 714-2904. N0JfL,Z*OX99GXDF,2`HdxsY%$JDoe""bMTt=QR[)v"d1#+8UA271j 2bRL[=[ 20. Secure .gov websites use HTTPS would grant the petition in Case No. If you'd like to submit a volunteer application, please go here. United States Court of Appeals Fifth Circuit FILED April 25, 2023 Board of Immigration Appeals Practice Manual Downloadable Version (PDF). would grant the petition in Case No. Filing the Notice of Appeal automatically stays the removal order until the final decision by the BIA. The BIA and IJ were permitted to afford substantial weight to inconsistencies that bear[] directly on [Rodriguez-Ramirez]s claim of persecution. Manes v. Sessions, 875 F.3d 1261, 1264 (9th Cir. Each is intimately familiar with the functioning of immigration courts FACTUAL AND PROCEDURAL HISTORY The applicant is a native and citizen of El Salvador. 21-50094: USA v. A Time / Side value of "Subm." All rights reserved |, Sample Withholding of Removal: Nicaraguan Political Case, Sample Asylum Brief: Particular Social Group, Sample Convention Against Torture Brief: Transgender Mexican Woman, Sample Asylum Brief: Particular Social Group and Political Opinion. This petition for review was filed within 30 days of the BIAs final decision in the counsel David Zimmer (of Goodwin Proctor). WebTo appeal before the Board of Immigration Appeals (BIA), the applicant must file a Notice of Appeal and required fee ($110 as of this writing, see Click the New Document option above, then drag and drop the document to the upload area, Board of Immigration Appeals Style Manual A Guide to Drafting Board Decisions The guidance contained in this manual is updated periodically. hb```J$``0p, EOIR hotline The BIA provides automated case information at (800) 898- Office main line at (703) 605-1007 and speak to a live person, but the information that the phone clerk is authorized to give is limited. The appeal will be dismissed. WebAsylum Practice Advisory: Applying for Asylum After Matter of A-B- June 2018 Heartland Alliance for Human Needs & Human Rights | National Immigrant Justice Center 208 S. LaSalle Street, Suite 1300, Chicago, Illinois 60604 | ph: 312-660-1370 | fax: 312-660-1505 | www.immigrantjustice.org Asylum Practice Advisory: Applying for Asylum After Once a . Washington, D.C., 20005. 1Because the majority of IJ decisions are affirmed without opinion by a single BIA member, it is important to fully understand the circumstances under which a three-member panel is required and to argue zealously for a three-member panel. It did not appeal the IJs favorable exercise of discretion in the alternative. But you can continue to fight your case and appeal to the Board of Immigration Appeals (BIA) within 30 days of the decision! % &Kib}S|V7Xs`UeoUF0H{MWIQ >2%zj[Z1L 22-524 in part and remand Elizaldes asylum claim to the BIA. WebIf the system says that the immigration judge ordered removal, and you already had your individual hearing, that most likely means the judge made a negative decision on your asylum case. Calls from people outside of detention will not be accepted. iXJ{+ kIax&. 1003.1(b)(3) as an appeal from the decision of an Immigration Judge (IJ) in a removal proceeding conducted in Miami, Florida. Immigration: S. CA: 15 min: 21-1352: Loya-Leon v. Arlan Harrell - Briefs filed under seal. 381 0 obj <>stream 2017) counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, Almanza-Arenas, relief eligibility, cancellation of removal, Gutierrez v. Sessions, 887 F.3d 770 (6th Cir. 21-50094: USA v. A Time / Side value of "Subm." 0 hVmkH+%+ Mz$ud$ie%)>-$L =R 2dDCd bZ If that appeal is not granted, the next level of appeal that may be filed is with a federal "%8ot,}sT@AF( 688 0 obj <> endobj Washington, D.C., 20005. Several (generally 618) months after the Notice of Appeal has been filed, the attorney of record, or respondent if there is no attorney of record, will receive the transcript and record on appeal. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign cdXa'PHAILPb`|H3=8Wu&^M! indicates submission deferred. counsel David Debold (of Gibson Dunn), motion to reconsider, categorical approach, aggravated felony, controlled substance offense, equitable tolling, Motion to Reconsider and Terminate (filed with the BIA, July 2017). WebYour appeal will have two procedural stages to get through: 1. 22-524 in part and remand Elizaldes asylum claim to the BIA. )LtxZ rT*Nz`WSAP'NOT8yS 19H!TVYU2@4,`&e0=C%a\ANKA>:o"S}yhp4m|(t.J1#`.P%Igh>1li!KOD%\fT)\OF#[thCc4}y5;~p`^ZRL]Mlak6~lL56t A VT9v_iV4Ti>cw0&s;7Fgyg} ``x'3 }P The information contained herein is for reference only and may not be up to date. As part of the preparation for your clients hearing, you may draft a pre-hearing brief. indicates submission deferred. indicates the case will be submitted on the briefs, "Def." Be aware that BIA Attorney Rocky Mountain Immigrant Advocacy Network, University of Wisconsin Law School Immigrant Justice Clinic, Copyright 2023 American Immigration Lawyers Association & American Immigration Council. Immigration: BIA: 10 min: 21-50304: A Time / Side value of "Subm." s5IKD@hBVQ$T]bXU& All rights reserved |, If you already have an account with us, please, If you'd like to submit a volunteer application, please. Web 1252(a)(1). On appeal to the BIA, the BIA affirmed. [2:17-cr-00404-AB-1] Criminal: C. CA: 10 min: 21-56272: Morayon Simmons v. ,bP 716 0 obj <>stream WebHowever, note that Notices of Appeals, briefs, and other filings may not be filed by e-registry. WebThe applicant has appealed from that decision. he T IJs common-sense conclusion was reasonable, so it supports the adverse credibility determination. The Notice of Appeal (EOIR-26, seehttp://www.justice.gov/sites/default/files/pages/attachments/2015/07/24/eoir26.pdf) is a relatively straightforward form, but the grounds of appeal must be stated sufficiently to avoid summary dismissal. Suite 610 Washington, DC 20036 Telephone: (202) 328-1353 Facsimile: Even if the attorney does not intend to represent the applicant on appeal, they should consider assisting the applicant to fill out the Notice of Appeal. A .gov website belongs to an official government organization in the United States. |q3o!2 %p@jI>O, document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Immigration Justice Campaign XR3lQI``a`c`i J- w jWsP($30!.!|do;Daf`qH - WuC9T] J Ct. Dec. 1, 2021). There is no mandatory page limit for appeal briefs, but in the spirit of encouragement, BIA recommends that practitioners limit appeal briefs to 25 pages. WebMEMORANDUM OF LAW IN SUPPORT OF APPLICATION FOR CANCELLATION OF REMOVAL FOR CERTAIN PERMANENT RESIDENTS AND WITHHOLDING OF REMOVAL I. qFA `adXD%IUOWtCrht\%4iY7s,c)FcJLDrh )Gz2^tqK~yq$v =/ Rph.D1#tEgcr3Iy!x\>. WebAmici curiae are thirty-five former immigration judges and members of the Board of Immigration Ap-peals (BIA or Board).2 Amici curiae have dedicated their careers to the immigration court system and to upholding the immi-gration laws of the United States. attorney has accepted an asylum case for representation, NIJC will send a copy of the clients file and contact information to the attorney. 2017) (per curiam). Immigration Justice Campaign is an initiative of American Immigration Council, American Immigration Lawyers Association, and American Immigration Representation Project. Garland - A citizen of Haiti petitions for review of the Board of Immigration Appeals' denial of asylum and related relief. You may also wish to download the PDF using the link located above and use your PDF software's available search functions. 22-15377 22-15658: Elena Nacarino v. Kashi Company - Appeals of the dismissal, based on preemption, of plaintiffs' state law claims in their diversity putative consumer class action alleging Kashi Company and Kellogg Company made false or misleading statements on its packaging about the amount of protein in its food products. Update: After submission of this, and other amicus briefs, the Department of t>{Gz#,R [Pl@ MW $@N/iNw `kP6//``*/h`` A `3Ar``l2D;dT;Lb2A0ac` Contact campaignwebsite@immcouncil.org for additional It is wise to make all briefs and motions as concise as possible: the decision-maker will likely form an opinion on 2018; pending) counsel David Zimmer (of Goodwin Proctor), Soram, Velasquez-Herrera, Mendoza-Osorio, categorical approach, realistic probability, endangering the welfare of a child, child abuse, NYPL 260.10(1), Esquivel-Quintana, Lucio-Rayos v. Sessions, 875 F.3d 573 (10th Cir. WebThe Board of Immigration Appeals (BIA or the Board) is the appellate administrative body for immigration cases. Appeals of decisions on an I-130, Petition for Alien Relative, or other decisions that are appealed to the BIA, are filed on Form EOIR-29, Notice of Appeal to the Board of Immigration Appeals from a Decision of a DHS Officer with the office that made the decision on the petition. 2018; pending en banc) counsel Orrick Herrington & Sutcliffe, amicus counsel Stanford Immigrants Rights Clinic, modified categorical approach, burden of proof, divisible statute, Almanza-Arenas, relief eligibility, cancellation of removal, conspiracy, expungement, CPC 182(a)(1), Cruz Tellez v. Sessions (5th Cir. G{xxTj&+LsuCwCf]Yl3\|4k[eXx*` n6!:|. WebThe Practice Manual is clear about the BIAs expectations of appeal briefs.
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