Only God can judge me?? Nah.. the IJ can too.

[Alien#000]

Ok.. I have a DUI.. and a False representation to a peace officer mideaminor..and as I mentioned my attorney is working hard (that's what she says) in my case. and about the superattorney is not a joke is for real ..they get chosen by the bar appointed by fellow attorneys. However that's not the point..I also have been placed in the Student honor list for Fall 2007 of my college and I have the certificate of it.. Also I have outstanding grades.. and a current GPA of 3.25...(i know that it is not relevant to my case but you think that..it would show good moral or behavior.) In my post I just wanted to make fun out of something bad...it's tru I smoke & drink and party but it is also true that I'm a very hard working person and a good student. do you think that it is good idea to show the judge all this things or he just don't care!!
My next merits hearing is early 2009 with IJ in LA his denial rate was 46% over the last five years..do you guys think that I should bring my mom as a witness.. to testify about how we were harrased in our country..remember my familiy's case was approved but I was kicked out by USCIS mistake...so pretty much my asylum claim is based on the previous application in which my beautiful mother was the principal and I was a dependant..the case was strong enough to be approved..so If my mom testifies it will add weight to my case...? good or bad idea..?

For details on my case see previous opstings...

 

[thankful]

Were you convicted of anything? Your old post said that they (USCIS) denied your case merely because you did not submit the required court documentation.

 

[Alien#000]

Were you convicted of anything? Your old post said that they (USCIS) denied your case merely because you did not submit the required court documentation.

they denied my application not based on criminal ground but
they said in the denial letter that I did not submit the court
docs. That they requested but I sent them twice. Even my attorney
sent them the second time. Yes I had two convictions but they are
misdeamenors nothing bad as felony or something of that nature.
in other words my case was not handled properly by the asylum office.
now I'm facing removal proceedings without mentioning that my case
war recommended for approval!!

 

[thankful]

they denied my application not based on criminal ground but
they said in the denial letter that I did not submit the court
docs. That they requested but I sent them twice. Even my attorney
sent them the second time. Yes I had two convictions but they are
misdeamenors nothing bad as felony or something of that nature.
in other words my case was not handled properly by the asylum office.
now I'm facing removal proceedings without mentioning that my case
war recommended for approval!!

I do not know your whole story. So I can only make general comments. The usual practice if the Asylum Office refers a case by mistake to court is for ICE to ask the judge to dismiss the charging document so that the Asylum Office can resume processing of your file. If your should have been granted asylum in the first instance but for the fact that they misplaced your document(s) then it would be a waste for EOIR and ICE resources to complete the removal proceeding in your case.

What conviction(s) do you have? The law bars a grant of asylum to anyone who "having been convicted by a final judgment of a particularly serious crime, constitutes a danger to the community of the United States." The law further provides that "an alien who has been convicted of an aggravated felony shall be considered to have been convicted of a particularly serious crime" and the "the Attorney General may designate by regulation offenses that will be considered to be a [particularly serious] crime."

 

[Alien#000]

ICE?? Do I have time to drop the charges..

who is the ICE and what is the timeline for the
ICE?? To ask the judge to dismiss the charging
document..?? Can it be done at court by my attorney?
However I went to the First master hearing and my attorney told the judge that we are applying for asylum again!! The judge seemed very
skeptic .. Do you think that having my mom in court
will be helpful.. Can the judge reopen my parents case
in case the judge don't believe my mom or something ??
remember they have their asylum already... W
can it be counterproductuve against my parents asylum??
thx for your insight...

 

[senowen]

The OP said that he was convicted of DUI and false representation to a police officer. In Leocal v. Ashcroft, 543 U.S. 1 (2004), a rare unanimous decision, the Supreme Court held that a simple DUI is not an aggravated felony. A misdemeanor false representation is also not an aggravated felony, as far as I know. So if that is all the OP has on his record he should be eligible for asylum. However, the judge does not have to grant you asylum if he feels you have a bad moral character. That means any evidence you have that you generally are a good kid, but just made a few bad choices, is going to help you. Evidence of good grades, and anything else that you did prior to the start of removal proceedings (like volunteering activities), will help you.
As far as bringing your mom, you should ask your attorney and follow her advice. Whether to have her testify depends on a number of considerations too numerous to mention here.

 

[senowen]

who is the ICE and what is the timeline for the
ICE?? To ask the judge to dismiss the charging
document..?? Can it be done at court by my attorney?
However I went to the First master hearing and my attorney told the judge that we are applying for asylum again!! The judge seemed very
skeptic .. Do you think that having my mom in court
will be helpful.. Can the judge reopen my parents case
in case the judge don't believe my mom or something ??
remember they have their asylum already... W
can it be counterproductuve against my parents asylum??
thx for your insight...

I don't want to be rude, but it sounds to me like you don't really know what is going on in your case. You are asking us all these questions, but we don't know what is going on in your case and your explanations are very confusing. I'm not saying this is your fault, it is probably your attorney's fault. You should contact your attorney and force her to spend some time and explain exactly what is going on, why you were not granted asylum along with your mom, why you are in removal proceedings, and what your attorney is planning to do to get you asylum. You have a right to this information from your attorney. You said she was voted "Super Attorney", so you should find out what she is doing for your case.

 

[thankful]

who is the ICE and what is the timeline for the
ICE?? To ask the judge to dismiss the charging
document..?? Can it be done at court by my attorney?
However I went to the First master hearing and my attorney told the judge that we are applying for asylum again!! The judge seemed very
skeptic .. Do you think that having my mom in court
will be helpful.. Can the judge reopen my parents case
in case the judge don't believe my mom or something ??
remember they have their asylum already... W
can it be counterproductuve against my parents asylum??
thx for your insight...

ICE is Immigration and Customs Enforcement, the component of DHS which represents the Government in Immigration Court. They are the people who (usually) who fight with your attorney and ask the judge to deport you.

As senowen states, your posts show that you do not really understand this process. I strongly suggest that you speak to your lawyer or try to educate yourself about the process in some other way.

Senowen, you are correct that neither simple DUI nor misdemeanor false representation is an aggravated felony. So the op does not face a mandatory asylum bar. I would be really surprised that on these facts the USCIS issued a discretionary denial (especially when the OP was a derivative applicant). So my feeling is that he omitted a key part of his story here.

 

[thankful]

So if that is all the OP has on his record he should be eligible for asylum.

He should have been eligible for derivative asylum. But he is in proceeding by himself now. This means that he will be the principal applicant, right? Does he have a strong asylum case in his own right? It really comes down to the particulars of the case. A judge can choose to attach almost no weight to the USCIS grant to his parents. Does the OP have to rely on all the "imputed persecution" stuffs?

At least in my part of the country what they usually do is to terminate the proceeding so that the USCIS can grant asylum or ask him to submit an I-730 (if I understand his story, the referral to court was a mistake on the part of USCIS).

 

[senowen]

He should have been eligible for derivative asylum. But he is in proceeding by himself now. This means that he will be the principal applicant, right? Does he have a strong asylum case in his own right? It really comes down to the particulars of the case. A judge can choose to attach almost no weight to the USCIS grant to his parents. Does the OP have to rely on all the "imputed persecution" stuffs?

At least in my part of the country what they usually do is to terminate the proceeding so that the USCIS can grant asylum or ask him to submit an I-730 (if I understand his story, the referral to court was a mistake on the part of USCIS).

He is certainly the principle now. I just meant that he is eligible to apply for asylum, I have no idea what the OP's claim is, or whether he can prove his claims.

As for derivative asylum, the OP has provided little understandable information in that regard. He certainly seems to think that he was eligible for derivative asylum and that he was denied by mistake. However, I have seen too many clients who think they know what has happened in their case previously, only to find out, after reviewing their documentation, that they were very mistaken or misinformed. So far the information he has provided does not pass the smell test; so he needs to either provide us the real information, or get the real information from his attorney. Until then, I'm going to assume that he is in removal proceedings for a reason other than simple mistake on the part of USCIS.

 

[Alien#000]

ICE is Immigration and Customs Enforcement, the component of DHS which represents the Government in Immigration Court. They are the people who (usually) who fight with your attorney and ask the judge to deport you.

As senowen states, your posts show that you do not really understand this process. I strongly suggest that you speak to your lawyer or try to educate yourself about the process in some other way.

Senowen, you are correct that neither simple DUI nor misdemeanor false representation is an aggravated felony. So the op does not face a mandatory asylum bar. I would be really surprised that on these facts the USCIS issued a discretionary denial (especially when the OP was a derivative applicant). So my feeling is that he omitted a key part of his story here.

"I would be really surprised that on these facts the USCIS issued a discretionary denial" well they did not.. in the denial letter it says that I did not submitted the court dispositions for my arrests which I did twice..they just misshandeled my case...No doubt about that!! I'm not ommiting nothing that's how it went!!
and I understand the process... Now we have to let the judge know that my case was wrongly denied.. hopefully they will understand that..What my attorney told me was that ASYLUM officers are dumb and don't really understand the law.. that they rather deny a case instead of trying to solve the confusion or read the explanatory letters that the attorney sent.. that way the wash their hands in case something come up later...
meanwhile tomorrow I have to see my atorney.. and I will let you guys know...
Thanks ... for taking time to answer my post..

 

[senowen]

"I would be really surprised that on these facts the USCIS issued a discretionary denial" well they did not.. in the denial letter it says that I did not submitted the court dispositions for my arrests which I did twice..they just misshandeled my case...No doubt about that!! I'm not ommiting nothing that's how it went!!
and I understand the process... Now we have to let the judge know that my case was wrongly denied.. hopefully they will understand that..What my attorney told me was that ASYLUM officers are dumb and don't really understand the law.. that they rather deny a case instead of trying to solve the confusion or read the explanatory letters that the attorney sent.. that way the wash their hands in case something come up later...
meanwhile tomorrow I have to see my atorney.. and I will let you guys know...
Thanks ... for taking time to answer my post..

Since you are going to see your attorney tomorrow, ask for a copy of your file if you don't already have one. You have a right to a copy of everything.

 

[Alien#000]

He is certainly the principle now. I just meant that he is eligible to apply for asylum, I have no idea what the OP's claim is, or whether he can prove his claims.

As for derivative asylum, the OP has provided little understandable information in that regard. He certainly seems to think that he was eligible for derivative asylum and that he was denied by mistake. However, I have seen too many clients who think they know what has happened in their case previously, only to find out, after reviewing their documentation, that they were very mistaken or misinformed. So far the information he has provided does not pass the smell test; so he needs to either provide us the real information, or get the real information from his attorney. Until then, I'm going to assume that he is in removal proceedings for a reason other than simple mistake on the part of USCIS.

Man...it is a long story but here it goes.....when I got arrested the second time.the cop asked for my name ..I told him some fake name..when they frisked my car they found a credit card with my real name..so I told them that I found that c/C and just kept it...they arrested me claiming that I had a stolen C/C ...after that they tok me to jail. with the fake name I had given...when I realized that they were booking me I told them the truth" that the C/C was mine and that I just had lied about my name.. do they dropped the charges of stolen c/c ...(with the aka) and charged me with False representation to a cop" when FBI checked my backgroung the letter came saying that I had an arrest for
1- DUI
2- Grand theft acces card.
3- alse representation to a cop

If you see case 2 & 3 are the same case.. just that they dropped the theft card because the card was actually mine.... Later I got a letter from USCIS asking me to give them the final court dispositions for three arrests .. I provided them with the final court dispositions for
1-DUI
2- False re... to a POLICE OFFICER
however I did not have the grand theft acces card because that case never went to court therefore there was not a final court disposition...GET IT??
I sent the final court disp.. for the real cases.. like 60 days later I got a leter from USCIS saying that they need the other final court disp.. for the stolen C/C ( which does not exist).. So I went hired an attorney ..he wrote an explanatory letter saying that there were only two cases not three. I went for every proof at the police that the case was dismissed.. we sent it again...
the whole package...Later I got a letter saying that the case was denied because i failed to provide the final court disposition for the Grand theft acces card..(which does not exist) .. In other words they asked me for something that does not exist!! and because I failed to provide that therefore they denied my application and like two weeks later my parents got their final approvel..End of the story..I told you it is complicated but that's the way it is.. That's way my attorney said that asylum officers do not know nothing about law.. that's why they did not understand the situation even though an explanatory letter was sent along with the final court dispositions.. but they did not care...and kicked me out!!

 

[senowen]

I can tell you that every time someone gets charged with a crime there will be an final disposition of arrest. A disposition just means a final result. You may be guilty, may be innocent, the charges may be dropped, whatever, but any of these is the final disposition. They wanted a disposition that says that the charges were dropped. You say you went to the police to obtain something about a dismissal. Did you obtain this information? Was the information you obtained an official disposition of arrest?

Even if you obtained this information, did the package you sent arrive before the date you were supposed to have it to the USCIS? I have seen the USCIS deny cases where the evidence was submitted just one day late, saying that the applicant failed to provide the information, even though the USCIS had the information before the date that they sent out the denial. That could be what happened in your case.

 

[Alien#000]

I did what I could..

I can tell you that every time someone gets charged with a crime there will be an final disposition of arrest. A disposition just means a final result. You may be guilty, may be innocent, the charges may be dropped, whatever, but any of these is the final disposition. They wanted a disposition that says that the charges were dropped. You say you went to the police to obtain something about a dismissal. Did you obtain this information? Was the information you obtained an official disposition of arrest?

Even if you obtained this information, did the package you sent arrive before the date you were supposed to have it to the USCIS? I have seen the USCIS deny cases where the evidence was submitted just one day late, saying that the applicant failed to provide the information, even though the USCIS had the information before the date that they sent out the denial. That could be what happened in your case.

Yes I got everything from the court and
Even some docs listing all the arrests like some
sort of background check from police and there was
proof that I had only two cases... And yes the package was
sent promptly next day air and it arrived on time even way
earlier...I think I was set up by the destiny.. At this point I started
believing in destiny, because I did all ALL that I could
to solve this but it was just impossible..Do you think that
the judge will take that into consideration. He is the judge
Martin Jr from LA..or should I start packing my few belongings...