Domestic Violence Virginia Lawyer Immigration Consequences Deportation Arlington

Domestic Violence Case With Immigration Consequences Defense In Arlington – Virginia Lawyers

There are many different penalties for Domestic Violence With Immigration Consequences in Arlington Virginia.

If you have been charged with Domestic Violence and are concerned about Immigration Consequences in Arlington Virginia, contact our firm immediately for help.

Domestic Violence Arlington Virginia Lawyer
Domestic Violence Arlington Virginia Lawyer

Domestic Violence Case With Immigration Consequences Defense In Arlington Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Adrian v United States

Facts:

Appellant, a lawful permanent resident and a citizen of Mexico, sought judicial review of the Board of Immigration Appeals’ (BIA) denial of his petition for cancellation of removal due to a conviction for domestic violence and his motion to reopen his removal proceedings so that he could pursue cancellation of removal after an adjustment of status for which he had an application pending.

If you are facing a domestic violence case with immigration consequences in Arlington Virginia, contact a SRIS Law Group lawyer for help. You can reach us at 888-437-7747

Holdings:

The Virginia Court made the following holding:

8 U.S.C.S. § 1227(a)(2)(E)(i) states that any alien who at any time after admission is convicted of a crime of domestic violence is deportable.

When a lawful permanent resident has not been convicted of an aggravated felony and has resided in the United States for more than 16 years after becoming a lawful permanent resident, he is statutorily eligible for cancellation of removal as immigration consequences. Under 8 U.S.C.S. § 1229 b(a), the Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien: (1) has been an alien lawfully admitted for permanent residence for not less than 5 years, (2) has resided in the United States continuously for 7 years after having been admitted in any status, and (3) has not been convicted of any aggravated felony. Nonetheless, even where statutory eligibility is established, an immigration judge retains discretion to grant or deny an application for cancellation of removal, and the applicant must establish that he warrants the relief sought.

There is no inflexible standard for determining who should be granted discretionary relief; each case must be judged on its own merits. In applying his discretion, an immigration judge must balance the adverse factors evidencing an alien’s undesirability as a permanent resident with the social and humane considerations presented in his behalf to determine whether the granting of § 212(c) relief appears in the best interest of this country. Among the factors deemed adverse to a respondent’s application for cancellation of removal are the existence of a criminal record and, if so, its nature, recency, and seriousness, and the presence of other evidence indicative of his bad character or undesirability as a permanent resident of this country. Favorable considerations include family ties within the United States, residence of long duration in this country, particularly when the inception of residence occurred while the respondent was of young age, evidence of hardship to the respondent and family if deportation occurs, service in this country’s Armed Forces, a history of employment, the existence of property or business ties, evidence of value and service to the community, proof of a genuine rehabilitation if a criminal record exists, and other evidence attesting to a respondent’s good character, e.g., affidavits from family, friends, and responsible community representatives.

Domestic Violence Case With Immigration Consequences Defense In Arlington Virginia

We will do our absolute best to help you get the best result possible based on the facts of your case.

Courts we cover in Arlington, Virginia

Arlington Circuit Court

1425 North Courthouse Road
Arlington, VA 22201

Arlington General District Court

1425 North Courthouse Road
Suite 2400, Second Floor,
Arlington, VA 22201

Arlington Juvenile and Domestic Relations District Court

P. O. Box 925
1425 North Courthouse Rd, Ste 4100
Arlington County Justice Center,
Arlington, VA 22216

Article written by A Sris
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Disclaimer:

These summaries are provided by the SRIS Law Group. They represent the firm’s unofficial views of the Justices’ opinions. The original opinions should be consulted for their authoritative content.