Brief filed with the Board of Immigration AppealsPublished: Dec 3, 2009 By: Matthew L. Kolken
I just filed a brief with the Board of Immigration Appeals requesting that the Board overturn an Immigration Judge’s denial of my client’s Green Card application. The Immigration Judge found that my client was not statutorily eligible to apply for his Green Card and hinged its ruling on baseless speculation that my client had potentially made a false claim to United States Citizenship when filling out an I-9 Employment Verification form.
The Court’s evidentiary findings were not supported by the record, and my client was deprived of a fundamentally fair hearing because the Court’s impartiality was reasonably questioned during the course of the proceeding.
I argued that the Court displayed a bias against my client so much so that an objective, disinterested observer fully informed of the underlying facts would entertain significant doubt that justice would be done absent recusal.
The Government has thirty days to submit a reply brief. I am hopeful that they will not oppose my request to overturn the Immigration Judge’s ruling.