Asylum Process in the USA
Brief to the USCIS Asylum Office in support of an application for asylum based upon political opinion in Venezuela.
The length of the asylum process varies, but it typically takes between 6 months and several years. The length of asylum process may vary depending on whether the asylum seeker filed affirmatively or defensively and on the particular facts of his or her asylum claim.
If you can get a visa to come to the United States, such as a tourist visa, you can apply for asylum when you arrive, by telling the inspections officer that you fear returning to your country and wish to apply for asylum.
Your statement should help the Asylum Officer or the Immigration Judge better understand why you are applying for asylum. Describe specific incidents and dates, and include as much detail as you can remember. Do not simply write general statements. If you cannot remember an exact date, state that you are estimating it.
BIA Bond Brief
Brief to the Board of Immigration Appeals appealing the Immigration Court’s denial of bond. Respondent argued that the Immigration Judge failed to weigh all positive and negative factors in determining bond. Additionally new circumstances arose following the hearing in which the Respondent received substandard medical care in detention, which justified remand to the court to reconsider its bond ruling.
BIA Brief Regarding Lawful Admission
Brief to the Board of Immigration Appeals arguing that a a waive-through at a port of entry constitutes a lawful admission tot he US for purposes of adjustment of status.
BIA Motion to Reconsider I-130 Revocation
Motion to the Board of Immigration Appeals to reconsider the USCIS revocation of a marriage based Form I-130 Petition for Alien Relative. Legal Argument: Impermissible revocation, proper legal standard for good faith marriage, petitioner’s burden to show bona fide marriage, proper evidentiary standard.
Brief in Support of Appeal Motion to Remand – Immigration Law
Brief in Support of Appeal Motion to Remand – Immigration Law
Brief in Support of Appeal Motion to Remand in the Alternative
Brief in Support of Appeal Motion to Remand in the Alternative
Brief in Support of Particular Social Group for Asylum
Brief arguing that certain gang based and domestic sexual violence based claims still qualify as a particular social group membership for purposes of asylum post Matter of A-B-. Also argues that certain conclusions reached in Matter of A-B- are flawed and contradict current caselaw.
Brief in Support of Reasonable Fear/Asylum
Brief to Immigration Court in support of reasonable fear determination. Asylum/particular social group argument based upon status as former police officer in Mexico.
Brief in Support of Waiver of Grounds of Inadmissibility
Support Brief of Application for Waiver of Grounds of Inadmissability
Brief Regarding VAWA cancellation – Extreme Cruelty
Brief to Board of Immigration Appeals arguing eligibility for VAWA cancellation based upon extreme cruelty by USC spouse due to his alcoholism.
Complaint for Tax Refund
Complaint filed against federal government for not refunding tax
Since 2007, a tax preparer will be liable for errors committed on any return. This is because the Internal Revenue Code (IRC) §6694 was modified–broadened, really–replacing “an income tax return preparer” with “a tax return preparer.”
If the appeals officer agrees with the IRS, you have the option of challenging the IRS in court. If you choose to pursue the issue in court, you can pay the amount of tax in dispute and file the appropriate documentation in a U.S. District Court or the Court of Federal Claims for a refund.
To report a tax return preparer for improper tax preparation practices, complete and send Form 14157, Complaint: Tax Return Preparer (PDF) with all supporting documentation to the IRS. The form and documentation can be faxed or mailed, but please do not do both.
Report abusive tax preparers to the IRS.
If you suspect a return preparer filed or changed the return without your consent, you should also file Form 14157-A, Return Preparer Fraud or Misconduct Affidavit. You can get these forms at IRS.gov or by calling 800-TAX-FORM (800-829-3676).
Defendant’s Motion In Limine Re: Initial Contact
Defendant in an Immigration case seeking to exclude the reasons for, and facts that, he was in jail when ICE agents made contact with him.
Defendant’s Motion In Limine Re: Statements Within Immigration
Immigration Defendant seeking to exclude statements made to ICE and other government agents in prior contacts with ICE and other law enforcement regarding his immigration status (Defendant exercised the 5th in this case). US District Court for the District of Arizona.