Legal Question in Immigration Law in

Immigration

DOES THE BOARD OF IMMIGRATION APPPEALS HAVE THE AUTHORITY TO ENTER AN ORDER OF REMOVAL AGAINST A RESPOONDENT WHICH HAS OBTAINED CANCELATION OF REMOVAL.WHERE AN ORDER OF REMOVAL/DEPORTATION HAS NOT BEEN ORDERED IN A FIRST INSTANCE BY EITHER AN IMMIGRATION JUDGE OR ATTORNEY GENERAL.ACCORDING TO THE 5TH AND 9TH CICUIT SUPREME COURTS 8}(BIA)DOES NOT have the authority am I correct or wrong? Thank YOU


Asked on 5/02/08, 11:57 pm

2 Answers from Attorneys

Re: Immigration

Before anything else, thanks for writing me at LawGuru.com

As far as I know, yes, you are right. If you have a proof of cencelation of removal, you are correct.

Any doubt or another question, let me know it please.

Thank you very much for visiting me at LawGuru.com

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Answered on 5/05/08, 6:45 pm
Larry L. Doan Law Office of Larry L. Doan

Re: Immigration

You'd really would have to include more facts. If you were granted cancellation of removal by the Immigration Judge (IJ) but the government appealed the case, the BIA could have reversed the IJ and either remanded the case back to the IJ for fact-findings, or held that you did not qualify for cancellation at all and with no other relief entered an order of removal against you. Regarding your reference to the 5th, 9th Circuits, and Supreme Court cases holding otherwise, that is an extremely general statement that may not be applicable to your specific case. As stated, you'd have to include way more facts.

Larry Liem Doan, Esq.

Note: The above response is provided for information only and should not be construed as legal advice, nor to create an attorney-client relationship, which can only be established through payment of consideration.

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Answered on 1/28/09, 10:06 pm


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