Tuesday, October 30, 2007

Petition for Writ of Certiorari - Going Out Today

Just gave the final OK to the print shop  to start printing our first Petition for Writ to the Supreme Court.  

The Supreme Court Rules make printing very difficult for anyone just using a desktop computer and Word.  The "booklet" format calls for 6 1/8" x 9 1/4" white paper, a minimum of 60# weight, using only the Century family of typeface, 12 point with a minimum of 2 point leading, all bound by saddle stitching or perfect binding. Left with no option but to send the job out, and rushed to boot.

I am left with the impression that out legal issue presented is compelling and "certworthy" but now its in the hands of the Court.  Our case involves the Board of Immigration Appeals "heavy burden" standard  they impose on a movant seeking to reopen their deportation proceeding based on changed country conditions, pursuant to section 240 of the INA. The "heavy burden"  comes right from a  Supreme Court decision in INS v. Doherty, (1992) that states since there is no statutory authority for such a motion, they grant the AG discretionary authority to set the standard.   However, Congress did grant explicit statutory authority in the IIRIRA Act of 1996, under section 240(c)(7)(C)(ii). 

This is  the basis of our petition, that the express intent of Congress  is not being adhered to by the BIA. 

1 comment:

Anonymous said...

hi to all nodeportation.blogspot.comers this is my first post and thought i would say hello to you all -
speak soon