The Law Offices of Grinberg & Segal, PLLC is an immigration law firm based in New York. Our firm consists of experienced United States immigration lawyers dedicated to assisting individuals and businesses navigate the tangle of United States immigration laws. Our office is located in Manhattan, New York, but we handle immigration matters throughout the United States. Our firm’s objective is to provide you with personalized attention and professional service toward achieving your immigration goals.
DISCLAIMER: Please be advised the results achieved in the cases mentioned below depend upon the exact facts and circumstances of that particular case. It is important to keep in mind that since no two cases are exactly the same, The Law Offices of Grinberg & Segal, PLLC cannot guarantee a specific result in any legal matter. Any results included on our website is based upon actual legal matters and represents the results achieved in that particular matter, and does not constitute a guarantee, warranty, or forecast of the outcome of any other legal matters regardless of how similar your situation may appear.
Outcome: Appeal Sustained by the BIA
This case involves an asylum applicant from Belarus whom the IJ found lacking credibility based on ostensible discrepancies not supported by the record. The Board of Immigration Appeals disagreed, finding the record not to be developed to support the IJ’s negative credibility finding. The BIA also found that the IJ failed to provide an opportunity to the respondent to rebut the ostensible discrepancies; review ample corroborative evidence submitted by the respondent as well as adequately review the pattern and practice theory of persecution.
Outcome: Appeal Sustained
An interesting decision we just received from the BIA. The decision addresses legal requirement of filing of an asylum application within the applicant’s first year of the last arrival in the USA and also clarifies the extent of mistreatment to constitute persecution. The Board agreed with the applicants’ argument that the mistreatment he was subjected to in Belarus did amount to persecution, thus overruling the holding by the Immigration Judge. The BIA disagreed with the applicant that debilitating treatment by the Belarus government of his similarly situated friend, which sparked the applicant’s fear of returning to Belarus several years after his arrival in the USA, and the temporary loss of memory by the friend, which resulted directly form that mistreatment, was not sufficient exceptional circumstance to excuse late filing of the asylum application by the applicant. One of the BIA members dissented from the majority opinion and agreed with the applicant that his circumstances did amount to exceptional and warranted waiver of the one-year filing requirement.
Outcome: Appeal sustained, waiver granted by the AAO
The waiver application and application for permission to reapply for admission were both denied by the Field Office Director, Moscow, Russia, and ended on Appeal before the Administrative Appeals Office at the DHS. The appeal will be sustained and waiver granted with instructions to the post to adjudicate immigrant visa application
Outcome: Appeal Sustained, Waiver Granted by AAO
The Field Office Director, New Delhi, India, denied the waiver application. The applicant, through counsel, appealed the Field Office Director’s decision, and the Administrative Appeals Office (AAO) dismissed the appeal. On May 6, 2013, the applicant filed a motion to reopen and reconsider the AAO’s decision in accordance with 8 c.F.R. § 103.5. The motion is granted, the prior AAO decision is withdrawn and the underlying appeal is sustained.
Outcome: Appeal Sustained, Waiver Granted
The Field Office Director, Bangkok, Thailand, denied the waiver application. The applicant, through counsel, appealed the Field Office Director’s decision, and the Administrative Appeals Office (AAO) dismissed the appeal. On May 6, 2013, the applicant filed a motion to reopen and reconsider the AAO’s decision in accordance with 8 C.F.R. § 103.5. The motion is granted, the prior AAO decision is withdrawn and the underlying appeal is sustained.
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