Federal Level Appeal, Motion To Stay

WongGendeng

Registered Users (C)
Hi guys,

one of my very good friends was picked up (detained) by USCIS this morning. Just a brief summary for his case,

He applied for asylum and now he is appealing in Federal level, and there is no decision yet. His motion to stay was denied on January 4th, but his lawyer forgot to inform him. When he received his denial from BIA (I hope this is right, the level after immigration court/judge before the federal level), he was called to USCIS office and he had to wear a magnetic anklet to keep track of him and had to report in person to USCIS office twice a week. After a month, his anklet was taken off, but he still has to report in person to USCIS office once in two weeks. Since January until two weeks ago, there has been no problem (Please keep in mind that his motion to stay was denied in Jan 4). He reported and went home. However, this morning, when he reported, he was detained and informed that his motion to stay has been denied.

His wife was so upset and called their lawyer right away and found out about that their motion to stay has been denied. The reason of the denial was that the likelihood of the case to succeed in federal level is very low. Now, the lawyer is trying to submit the renewal of the motion to stay, and we’re trying to make a petition for him (Have as many people as possible to sign and say something about my friend) and attach it to the application.

My questions are:
1. Do you think it is a right thing to do?
2. If you were me, what actions will you take?
3. Is there any legal action that I can do to have his motion to stay approved or stronger when we apply for it?
4. Is there any legal action to release him?

Thank you very much. Your help are really appreciated.
 
WongGendeng said:
Hi guys,

one of my very good friends was picked up (detained) by USCIS this morning. Just a brief summary for his case,

He applied for asylum and now he is appealing in Federal level, and there is no decision yet. His motion to stay was denied on January 4th, but his lawyer forgot to inform him. When he received his denial from BIA (I hope this is right, the level after immigration court/judge before the federal level), he was called to USCIS office and he had to wear a magnetic anklet to keep track of him and had to report in person to USCIS office twice a week. After a month, his anklet was taken off, but he still has to report in person to USCIS office once in two weeks. Since January until two weeks ago, there has been no problem (Please keep in mind that his motion to stay was denied in Jan 4). He reported and went home. However, this morning, when he reported, he was detained and informed that his motion to stay has been denied.

His wife was so upset and called their lawyer right away and found out about that their motion to stay has been denied. The reason of the denial was that the likelihood of the case to succeed in federal level is very low. Now, the lawyer is trying to submit the renewal of the motion to stay, and we’re trying to make a petition for him (Have as many people as possible to sign and say something about my friend) and attach it to the application.

My questions are:
1. Do you think it is a right thing to do?
2. If you were me, what actions will you take?
3. Is there any legal action that I can do to have his motion to stay approved or stronger when we apply for it?
4. Is there any legal action to release him?

Thank you very much. Your help are really appreciated.

I know that most guys who got detained try to find an american citizen wife and after filing approptiate papers they get relized. Since your friend is married it's not an option for him; but what about bond? Will he meet with the judge any soon? One thing I know for sure - he needs a real good lawer! Can you tell us by the way when he applied for asylum? I bet it was at least 4-5 years ago. By this time people usually understand that they don't have much chances on the asylum route and try to dig for other options.
 
I doubt you can do anything in your capacity as his friend other than to contribute financially to his legal defense.
 
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