appeal dismissed

R

rudoesher

Registered Users (C)
what now

i am willing to go federal court

My apeeal was dismissed on November 5th 2008 , funny how it was done after the election

but now what
 
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I believe that you have to ask Federal Court to prolong your stay since at their level it is not a given anymore. Ask as soon as possible or they will start the deportation process.

P.S. From my knowledge, they rarely approve this motion; thus, good luck!!!
 
What is the reason for the dismissal? Have you received a paper copy of the BIA decision yet?

You will have an uphill climb getting relief from the federal courts. But it is not impossible. Not knowing the specifics of your case I cannot say more except to suggest that you retain an experienced attorney.

BTW, the election has nothing to do with this. The law is not changed and the decision-makers are not changed.
 
I do not have the paper yet

I checked the 1800 update


which did not have my case info as of friday

I am going to see my lawyer tomorrow , today is a federal holiday

if I had known I would have gone yesterday

I am from Zimbabwe , member of MDC and I am hoping we can get the appeal filed as soon as possible

are there any other things I can do ?
 
The answer is now you are removal from the United States. You don't have a lot of options once you are in this situation.

They will finally catch you and deport you or you have to leave the country voluntary.

As a last resort, you can also ask asylum for Canada. To do so, you will have to go to the US and Canada borders and present your case before the Canadian agents.
 
SinghIsKinng said:
you should Move to Canada
Right now\
Click to expand...

If this doesnt work out, go around all the English speaking countries on Earth and ask for asylum. Thats what I am planning to do if my attempts here prove worthless. No way I would go back to hell I had come out of. Good luck with whatever you choose to do
 
I did it

Hey man, I've been trough that. I applied for asylum back in 2002, was referred to an IJ after the interview, Judge denied the asylum, appealed in the BIA, they denied the appeal, that was back in 06.
Hired another lawyer, she made it clear that our chances were slim for an appeal in a circuit court. she mentioned it was more money than before, there wouldn't be a way of requesting a work permit with a pending asylum form, 90% chances of being denied.
BUT! it would give me more time, as the process usually takes around a year, and besides faith and hope are the last things you'll lose.

A year later, Thanks to God!, the Circuit Court ordered to Vacate and Remand, basically to send the case back stating that the IJ and the BIA didn't apply the law accordingly. the case went back to BIA, they agreed with the courts decision, then the case was sent back to the IJ, had to go to court around month and a half ago. Got a call from my lawyer 3 days ago, saying that the judge signed the asylum (she had told me right after the court date that she "negotiated" with the Immigration lawyers and they had agreed not to make anymore questions, I guess also agreeing with the court decision. Im not totally convinced until i have the papers on my hands, because my lawyer made a mistake like 5 months ago, telling me the asylum was granted only to tell me a week later that it was not. but still very happy and waiting for the paper.

So, if you are able, appeal! and have faith. you never know. better to know than to wonder what would've had happened. My best wishes and good luck.

PD: i will be making a post more in detailed when I receive my papers, probably this or next week, my best wishes to all of you!
 
Marcre86 said:
Hey man, I've been trough that. I applied for asylum back in 2002, was referred to an IJ after the interview, Judge denied the asylum, appealed in the BIA, they denied the appeal, that was back in 06.
Hired another lawyer, she made it clear that our chances were slim for an appeal in a circuit court. she mentioned it was more money than before, there wouldn't be a way of requesting a work permit with a pending asylum form, 90% chances of being denied.
BUT! it would give me more time, as the process usually takes around a year, and besides faith and hope are the last things you'll lose.

A year later, Thanks to God!, the Circuit Court ordered to Vacate and Remand, basically to send the case back stating that the IJ and the BIA didn't apply the law accordingly. the case went back to BIA, they agreed with the courts decision, then the case was sent back to the IJ, had to go to court around month and a half ago. Got a call from my lawyer 3 days ago, saying that the judge signed the asylum (she had told me right after the court date that she "negotiated" with the Immigration lawyers and they had agreed not to make anymore questions, I guess also agreeing with the court decision. Im not totally convinced until i have the papers on my hands, because my lawyer made a mistake like 5 months ago, telling me the asylum was granted only to tell me a week later that it was not. but still very happy and waiting for the paper.

So, if you are able, appeal! and have faith. you never know. better to know than to wonder what would've had happened. My best wishes and good luck.

PD: i will be making a post more in detailed when I receive my papers, probably this or next week, my best wishes to all of you!
Click to expand...

congratulations. It is always touching to hear someone winning in federal court.
 
Hey thankful
It is indeed, I think of it as a miracle, nothing less. I was already looking to move to canada or somewhere else. It was a really hard time for me, Its hard after almost 6 years of fighting to think you have to start all over again and in a new country with a different culture. had almost already packed my bags, ready to leave.

Thank you and all of the guys that give a hand on this forum, really helps everyone!
 
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