i an heading to federal court anyadvices?

D

dembanah

Registered Users (C)
hi
eveyone
i came tu usa in 2002 after 6 month i applyed for asylum ( i am from mauritania)
in 2005 i was granted withholding of removal before the IJ. i appeal the IJ decision it was dismess before BIA in 2006
it been 7 years i am here and my wife overeas it like hell for me this status
(withholding of removal is nothing different than jaill).
i am planing to apply for federal court

anyone know how long it take the federal court process in my case ?
 
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Withholding of removal is like jail? If you don't like, pack a bag and leave. Try Canada!!!! but stop your crying.
 
cafeconleche said:
Seriously? That's your input?
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I think he said he was a deportation officer. Humanitarians, one and all. Plus, they all know so much about immigration law. Hahahahahaha.

i came tu usa in 2002 after 6 month i applyed for asylum ( i am from mauritania)
in 2005 i was granted withholding of removal before the IJ. i appeal the IJ decision it was dismess before BIA in 2006
it been 7 years i am here and my wife overeas it like hell for me this status
(withholding of removal is nothing different than jaill).
i am planing to apply for federal court
Click to expand...

I'm not sure what you mean when you say you are going to federal court. An appeal to a federal appeals court was due within 30 days after the BIA dismissed your appeal in 2006. You cannot file a challenge to the denial of asylum in any other court now because of the REAL ID Act of 2005. Sorry, but I don't think you can file any case in federal court about your asylum claim. Don't let an agency or unethical attorney take your money.
 
senowen said:
I think he said he was a deportation officer. Humanitarians, one and all. Plus, they all know so much about immigration law. Hahahahahaha.



I'm not sure what you mean when you say you are going to federal court. An appeal to a federal appeals court was due within 30 days after the BIA dismissed your appeal in 2006. You cannot file a challenge to the denial of asylum in any other court now because of the REAL ID Act of 2005. Sorry, but I don't think you can file any case in federal court about your asylum claim. Don't let an agency or unethical attorney take your money.
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It sounds like the person had a one year issue that prevented him from getting asylum. If that is the case, then in most circuits the one year issue is not reviewable. The BIA has the final say regarding this point.
 
thankful said:
It sounds like the person had a one year issue that prevented him from getting asylum. If that is the case, then in most circuits the one year issue is not reviewable. The BIA has the final say regarding this point.
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hi thankful
can you explain to me what you mean by having 1 year issue that prevent him getting asylum
thank you
 
dafortycal said:
Withholding of removal is like jail? If you don't like, pack a bag and leave. Try Canada!!!! but stop your crying.
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thank you for your help if you are in this forum to answer peaple the way you did to me .i though we all here to help eich other to advice in things we dont have enough knowlege but it my first time tp see someone act or answer queestion the way you did to my
thanks again
 
dembanah said:
hi thankful
can you explain to me what you mean by having 1 year issue that prevent him getting asylum
thank you
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The law requires a person to apply for asylum within one year of arrival in the United States. If the person applies after the one year deadline, does not get excused by the government for the late application and still establishes that his life is in danger back home, he will get withholding of removal. But he will be denied asylum. When someone gets withholding but not asylum, the reason is usually the one year rule. When I read that you got withholding but not asylum I assumed that was the case with you too. Now I read your original post for a second time and it said that you applied within six months of arrival, so you did not have the one year issue. Can you let us know why they denied asylum but gave you withholding? Does the decision say anything like "exercise of discretion?"
 
thankful said:
The law requires a person to apply for asylum within one year of arrival in the United States. If the person applies after the one year deadline, does not get excused by the government for the late application and still establishes that his life is in danger back home, he will get withholding of removal. But he will be denied asylum. When someone gets withholding but not asylum, the reason is usually the one year rule. When I read that you got withholding but not asylum I assumed that was the case with you too. Now I read your original post for a second time and it said that you applied within six months of arrival, so you did not have the one year issue. Can you let us know why they denied asylum but gave you withholding? Does the decision say anything like "exercise of discretion?"
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hi thankful
here is my case i am maried before i get here and my wife from different country than i . the ij in the decission he said i could get citizienship in my wife country i did explained to him the low in her country does not allow me to get the citizienship there . in the decission they visit 1 website where it say anyone whos maried there(my wife country) can have citizienship there. but they misread that the housband must:
1-- live there at leass 5 years
2--benefit for this country ( mean working in benefit to the country)
3--getting maried .
i been there less 3 years and i was not working i was student there . that clearly that why they said the dinied my asylum and the granted withholdind of removal . and they said if the have to remove me they will send me to MY WIFE COUNTY.
in addition in the letter of IJ decission they say the decission is discretionnal but they did not say " exercise of discretion" i dont know if it all same or not
last week i want to see another lawyer to get advice when he check on internet about citizienship in my wife country ( he check it i thing from candian immigration website) he told me for real the ij did misreal the law in my wife country. and he saidto me :you really said the truth but they misread the low your wife country.
thank
for realy thankful you are helping peaples so much in this forum thank for your time and your good heard to everyone on this forum god bless you and i am sur i will
 
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