Kolken & Kolken. Results-oriented immigration lawyers - specializing in Green Card, Deportation Cases and Temporary Visas.

Second Circuit agrees that BIA violated client’s due process rights

Published: May 30, 2006 By: Eric W. Schultz Source: My Source

Eric W. Schultz, Esq., successfully reversed an order of removal entered against a client when the U.S. Court of Appeals for the Second Circuit remanded the case to the Board of Immigration Appeals for further hearing.  The client had represented himself at the BIA, and despite doing a notice of appeal with reasons for his challenge of the Immigration Judge’s order against him he failed to follow up with a legal brief.  The BIA dismissed his appeal without considering any issues, with Immigration detaining him soon afterward.

The client then came to our office, and Eric took over his case, securing his release from custody and ultimately convincing the Second Circuit that the BIA needed to give full review of the client’s case rather than rely on a procedural rule that operated to deny the client due process.

 

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