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. 

Thursday, October 18, 2007

My Research Paper Accepted for Publication

Just got notified that my research paper on asylum law was accepted for publication on the USF Journal of Law and Social Challenges. 

I spend a great deal of time and energy in researching and writing this paper. It is over 60 pages in length and quite detailed.  I am very happy that it will be published. 

More to follow as our office picked up our second petition for certiorari to the US Supreme Court.  

Yesterday I wrote the application for stay of the mandate to the Fourth Circuit Court of Appeals and sent it out.

This question involves the court's  granting of the government's motion to strike all of our evidence showing Petitioner's prior counsel was a party to an international asylum fraud ring which resulted in his ineffective assistance of counsel.