On September 30, 2014, the Board of Immigration Appeals (BIA) remanded a case which we appealed in early 2013 related to the trial judge's refusal to allow an expert witness to testify telephonically, in spite of the fact that the expert had expressed her willingness to appear via phone and our client expressed that an inability to afford to pay for the expert to travel from Orange County to court in San Diego. Our client had been granted another form of relief which would allow the client to remain in the US, however, the more desirable relief application had been denied due to the judge's failure to understand matters which would have been clarified by the expert. Our client's case is now back before the trial judge for another opportunity at the more desirable form of relief.
On October 14, 2014, the BIA remanded to the trial court, a case which we had appealed all the way to the Eighth Circuit Court of Appeals and had been remanded by the Eighth Circuit to the BIA. In that case, we had represented the client in a Motion to Reopen (MTR) trial court Removal Proceedings wherein the client had previously been represented by a prior attorney and all relief applications denied. This client will now have an opportunity to convince the trial judge to grant a new application for relief and perhaps consider other forms of relief which might not have been available at the first trial.
We are gratified by these results and encouraged at the new opportunities these clients have been given by the BIA.
By: Duane M. Hamilton
