Attorney: Devon Senges
Type of Case: Fourth Circuit Petition for Review
Case Result: Remanded to the Board of Immigration Appeals for Further Consideration
One of our immigration clients is a single mother who was extorted and threatened by gang members in her home country. She submitted voluminous evidence to support her claim for asylum that gang members targeted her based on her status as a single mother. Yet, both the Immigration Judge and the Board of Immigration Appeals denied her case. So she turned to immigration attorney Devon Senges. Devon helped our client submit a petition to the Fourth Circuit Court of Appeals for a review of her case.
This petition to the Fourth Circuit was our client’s last chance to receive protection here in the United States. This was her last chance to avoid being deported back to her country.
Fighting for Asylum Protection in 2019
Unfortunately, our client is fighting for asylum protection in a hostile, difficult political environment. The current administration has worked tirelessly to cut off the ability of refugees to win asylum here in the United States. Our client had already lost her case and one appeal. Worse, the Fourth Circuit requires a very high standard of proof to overturn a decision of a lower court. They will only overturn the agency’s decision if the decision was clearly erroneous (a high standard) or if the agency abused its discretion in reaching the decision.
Motion to Remand
Attorney Devon Senges drafted the client’s opening arguments and submitted them to the Court. She then argued that the agency had blatantly abused its discretion in failing to consider hardly any of the hundreds of pages of supporting evidence, key parts of her testimony, and precedential case law. The government’s response was due on November 6, 2019.
On the morning of November 6, the government attorney from the Office of Immigration Litigation (OIL) called and let Attorney Senges know she would be filing a Motion to Remand. In the motion, the government agreed with Attorney Senges that the lower court and agency had failed to consider key parts of the client’s testimony, evidence, and case law. Thus, the agency should be given another chance to review the client’s claim more carefully.
A remand to the agency to consider the client’s case again gives the client another chance to win asylum protection in the United States!
Have you been denied asylum protection in the US?
It is discouraging to go through the immigration court and appeal process and lose at each stage. It is emotionally, mentally, and financially draining to keep fighting for one’s safety and the safety of one’s family. Yet, this case proves that losing your case at the early levels does not mean that all hope is lost. Sometimes it is worth it to keep fighting.
If you or a loved one has lost an immigration court case or appeal we encourange you to speak with an experienced immigration attorney ASAP. There are often very short (30 days or less) deadlines to file for the appeal. Find someone experienced in immigration appeals for the best chance at success.