preview

Notice To Appear Case Study

Good Essays

The respondent is a married male who is a native and citizen of Mexico. The Department of Homeland Security initiated removal proceedings pursuant to their authority under the Immigration and Nationality Act upon filing a Notice to Appear with the Fairmont Immigration Court. In the Notice to Appear, the Department of Homeland Security charged the respondent with being removable from the United States under Section 212(a)(6)(A)(i) of the Immigration and Nationality Act. The respondent admitted factual allegations one, two, and four in the Notice to Appear. The respondent denied factual allegation three. The Court sustained factual allegation three. The Court found that the respondent was removable from the United States as charged in the Notice to Appear. The respondent identified applications for relief that he wished the Court to consider. …show more content…

There has been no submission of the pending I-130. No submission of the denial of the I-130. No submission of the Ombudsman’s petition relating to the I-130. Just representations by respondent’s counsel, which representations by counsel are not considered evidence in any court that abides by the rules of evidence. And although this Court does not formally require the rules of evidence to be followed, they are utilized as a guide. The Court upon considering all of the factors would find that the U.S. Citizenship and Immigration Service at a minimum has concluded that the respondent’s I-130 should be denied. And according to information or representations made to the Court, has, in fact, denied the I-130 application. Therefore, the respondent’s request for a continuance will be

Get Access