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

Second Circuit grants remand of removal case

Published: Oct 6, 2006 Source: My Source

The U.S. Court of Appeals for the Second Circuit ordered a remand of a client’s Immigration Court proceeding following written and oral argument before the Second Circuit panel.  The Court agreed that because the record indicated that the lower court had apparently failed to consider testimony of the client’s own witness that was vital to the client’s defense, and because the testimony that was not considered if believed exonerated the client from the charge that he had knowingly assisted another to enter the U.S. illegally, the removal order could not stand.  The Second Circuit returned the matter to the administrative agency to make a new decision with full consideration of all facts, including the testimony that had not been factored in previously. 

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