Miami, FL (December 2018) The law firm of Cuprys and Associates announced today that immigration Lawyer Magdalena Cuprys won a Motion to Reopen before the Board of Immigration Appeals.
The client, S.O., had sought relief from removal (deportation), but the Immigration Judge in the initial proceeding found that the basic evidence in support was missing. At the time, S.O. did not have proof that he had filed a motion for relief because he had not yet received the USCIS receipt notice for the petition he had filed. S.O. appealed, but the BIA dismissed the appeal in July 2018. Attorney Cuprys filed a Motion to Reopen in September 2018 and attached additional evidence that S.O. had filed a petition for relief with USCIS.
The BIA found that S.O. did receive proper notice of his immigration hearings, and thus rejects the arguments under Pereira v. Sessions, 138 S.Ct. 2105 (2018). However, with the Motion to Reopen, attorney Magdalena Cuprys provided evidence that S.O. had established a prima facie case under the self-petitioning provisions of the Violence Against Women Act (VAWA). The BIA thus finds that that S.O. should be given an opportunity to pursue his request for relief from removal.
Ms. Cuprys expressed her satisfaction with the BIA decision. “It would have really been unfair to deprive S.O. of the opportunity to present his case. The Immigration Judge did not have those documents at the merits hearing, but fortunately the BIA reviewed the situation and granted the Motion to Reopen the matter.”
The underlying case is “In the S. … O…., #200-193-099 (Board of Immigration Appeals, Falls Church, Virginia).
Magdalena Cuprys is the principal attorney of Serving Immigrants, a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals.
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