06 Apr Marriage fraud charge may be appealed on due process ground
By Atty. Chris Caday Lozano
Is your marriage case denied for inconsistencies during the interview, no sufficient documents submitted or some other reasons? Do not lose hope. There are many ways you can convince the government that you deserve an approval. If the reason for denial is inconsistencies during the interview, you can submit proof that the responses are consistent with respect to your case. This is called reconciliation of responses. If your case is denied because of lack of sufficient evidence, you can submit affidavits proving that your marriage is in good faith. If your case is denied because the government has been very unfair during the interview such as using threats of imprisonment or some coercive tactics during the interview, you need to seek a help from an immigration attorney to represent you on this matter because a simple mistake in analysis could be fatal. In legal language, you need to appeal on due process ground. Due process requires voluntariness in giving information of the part of the alien and the government adhering to the fair and just process in seeking responses. The Fifth Amendment to the U.S. Constitution grants aliens the right to due process.
Generally, “Immigration proceedings, although not subject to the full range of constitutional protections, must conform to the Fifth Amendment’s requirement of due process.” Salgado-Diaz v. Gonzales, 395 F.3d 1158, 1162 (9th Cir. 2005) (as amended); “A full and fair hearing is one of the due process rights afforded to aliens in deportation proceedings. … A court will grant a petition on due process grounds only if the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case.” Gutierrez v. Holder, 662 F.3d 1083, 1091 (9th Cir. 2011).
The court reviews de novo claims of due process violations. Grigoryan, 959 F.3d at 1239; Liu v. Holder, 640 F.3d 918, 930 (9th Cir. 2011) (as amended); Ibarra-Flores v. Gonzales, 439 F.3d 614, 620 (9th Cir. 2006). “The BIA’s decision will be reversed on due process grounds if (1) the proceeding was so fundamentally unfair that the alien was prevented from reasonably presenting his case, and (2) the alien demonstrates prejudice, which means that the outcome of the proceeding may have been affected by the alleged violation.” Ibarra-Flores, 439 F.3d at 620–21.
For those of you who received a denial because your rights are violated on due process ground you need to speak to an immigration attorney to discuss your individual situation.
Note: This is not a legal advice. If your case was denied we can help you. We offer free consultation.
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If you have immigration problems the Law Offices of Crispin C. Lozano can help you find a solution before your problem gets worse which could lead to deportation and family separation.
Chris Caday Lozano, Esq. is an active member of the State Bar of California, the American Immigration Lawyers Association and San Francisco Trial Lawyers. He practices immigration law, bankruptcy and income tax preparation since June 1999. His contact phone is 1-877-456-9266, email: info@CCLlaw.net Website: www.crispinlozanolaw.com/