Nobody downloaded yet

Case Brief: Asylum - Essay Example

Comments (0) Cite this document
Summary
Holder (2009), the petitioner, Abou Kane, who was a Senegalese native and with regard to the United States immigration laws, was deemed to be illegally in America, sought the Board of Immigration Appeals order to reverse the immigration judge’s (IJ) order. The…
Download full paperFile format: .doc, available for editing
GRAB THE BEST PAPER97.5% of users find it useful
Case Brief: Asylum
Read TextPreview

Extract of sample "Case Brief: Asylum"

Download file to see previous pages In agreement with the board, the judge denied Kane’s application as the petitioner’s derivative claim, lacked stance when rallied alongside the existing and cognizable immigration laws.
Prior to analyzing and as such, satisfactorily asserting a conclusion to Kane’s petition for review what needs to be addressed first, is the jurisdictional issues that arise as a result. In the petitioner’s briefs to the court as well as the Board of Immigration Appeals, the petitioner claimed that the Immigration Judge (IJ) was obligated as spelt out under 8 C.F.R § 1240.11 (c) to bring to his knowledge the fact that he met the qualification requirements for asylum application. As such, as Kane observed, by virtue of the fact that the Immigration Officer failed to notify him of his eligibility with regard to asylum seeking, it followed that at the time of the case appearing before court, he qualified to apply for asylum. In responding to this the department of Homeland security, established by former President Bush, exemplified that under the existing United States laws, the judge lacked lawful precedence to provide guidance on Kane’s assertion. This was because the concern raised by Kane, had not been raised before the Board of Immigration Appeals. It therefore followed that only matters that had been raised when the board convened were admissible for the courts ruling.
The court was empowered to review Kane’s final removal order (8 U.S.C. § 1252(a), 8(b). The United States judicial system with regard to reviewing such an order only permits the said reviewing in the event that the applicant had gone through all available administrative remedies of right. A petitioner’s failure of exhausting his concern through the established administrative structure, which is ideally set to resolve arising cases, creates a bar for the court (Wang v. Ashcroft, 2001). This is because the court is only mandated to step into ...Download file to see next pagesRead More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Case Brief: Asylum Essay Example | Topics and Well Written Essays - 750 words”, n.d.)
Retrieved from https://studentshare.org/miscellaneous/1562198-case-brief-asylum
(Case Brief: Asylum Essay Example | Topics and Well Written Essays - 750 Words)
https://studentshare.org/miscellaneous/1562198-case-brief-asylum.
“Case Brief: Asylum Essay Example | Topics and Well Written Essays - 750 Words”, n.d. https://studentshare.org/miscellaneous/1562198-case-brief-asylum.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Case Brief: Asylum

Case Brief

...Century 22 Region V., Inc. v. Rockton Realty, Inc. Appellant Department, Superior Court, Los Angeles. CENTURY 22 REGION V. INC., Plaintiff and Respondent, v. ROCKTON REALTY, INC., Defendant and Appellant OPINION WOODS, J. Statement of the Case Appellant is a California corporation licensed to act as a real estate broker. defendant, Nick Rockton, is the sole stockholder and principal operating officer of Rockton Realty, Inc. Nick Rockton was engaged as a real estate broker for Rockton Realty, Inc. Respondent, Century 22 Region V., Inc.(Century 22 or respondent herein), is a California corporation engaged in franchising real estate brokerage offices throughout California... is...
1 Pages(250 words)Essay

Case Brief

...CASE BRIEF: BARBARA A. BOTIS v. E OF GARY A. KUDRICK FACTS: Plaintiff, Barbara A. Botis filed a complaint against the E of Gary A. Kudrick in attempt to receive palimony. Plaintiff argues that her and Kudrick were in a “marriage-type relationship” before his death, and, therefore, has rights to palimony in the form of his two residences and other compensation. Defendant denies that they were ever in such as relationship and motions to dismiss her complaint along with issuing counterclaims against the plaintiff. While the law recognizes the right to palimony for two unmarried individuals who separate, a recent amendment requires the palimony agreement in writing. While the plaintiff does not have her...
2 Pages(500 words)Case Study

Case Brief

...CASE BRIEF CASE ALBION FRANCIS VS NORMAN Y. MINETA; Transport Security Administration. US. October 10, 2007 CASE NO.: 06-1293 U.S Court of appeal Opinion Albion francis, a former federal worker, chose to appeal to the district court’s decision to dismiss his case pursuant to Fed.R.Civ.p.12 (b) (1), in which he purports to have been discriminated in employment. Statement of facts. The district court established that the appellant had not consulted all the administrative avenues as required under Title VII and so found the dismissal was warranted. The appellant, however, was discontented with the court’s decision and sort, to appeal to the court of...
2 Pages(500 words)Essay

Case Brief

...Law Case Facts In the Brown v. Board of Education, 347 U.S. 483 (195) case, the claimant sued respondent for treating the black American children unfairly. The black American children did not have an access to learning institutions set for the white children (Orlik, 2010). The law suit was against the District Board of Education which had established separate learning institutions for white and for black children in the district. The claimant presented to the district court in Kansas as a representative of the parents under the name of Brown who was one of the thirteen parents filling the case. Mr. Brown filed in 1951 in United Sates district court. The education board based their...
2 Pages(500 words)Essay

Case brief

...Continental Oil Company vs. Occupational safety and Health Review Case brief: The petitioner in this case is continental oil company while the respondent is the Occupational Safety and Health Review Commission. The petitioner is seeking the United States of Appeals to revert an order issued by the respondent that it desecrated the general clause duty on Occupational safety and Health Act. The commission had ruled that the oil company failed to protect its employees from hazardous incidents, following an explosion that occurred in one of its premises that resulted to the death of three people. However the court of appeal senior judge, Phillips affirmed the decision held by the...
1 Pages(250 words)Case Study

BRIEF CASE

...Case Brief The Parties Teresa D. Oglesbee is the party appealing to the court of appeal. Teresa is also the plaintiff since she is the party offended. Pfeil Funeral Homes, Inc. is the appellee; Pfeil is also the defendant in the case, Teresa D. Oglesbee v. Pfeil Funeral Homes, Inc. William H. Smith, Jr. represents Teresa and Kurt R. Welterndorf is the representative for Pfeil Funeral Homes, Inc. in the Court of Appeal. Therefore, Teresa is the plaintiff/appellant and Pfeil is the defendant/appellee. Facts of the Case The case, Teresa D. Oglesbee v. Pfeil Funeral Homes, Inc. is a premises liability case. Teresa D. Oglesbee is the...
3 Pages(750 words)Coursework

BRIEF CASE

...Brief Case Facts The case, Ryan P. Crews v. the of Mt. Vernon, is a denial of employment benefit case. Crews filed a case against the defendants: City of Mt. Vernon, Mendenall and Deichman, who allegedly rescinded the work scheduling policy. The defendants are accused of rescinding the work scheduling policy, which denied Crews a benefit of employment based on military status. Crews also accused Deichman of retaliation against him, making negative comments towards him and denying him the opportunities for career advancement. The district court rejected Crew’s allegations and granted the City of Mt. Vernon’s motion for summary judgment. The City was not...
1 Pages(250 words)Coursework

Brief case

... Case Ratcliff v. Sprint Missouri case Case No. WD 64840. Decided in 2008 Summary of the case Bob Ratcliff offers the judgment favoring Sprint Missouri, Sprint United Telephone, in his building risk movement. Mr. Ratcliff raises ten focuses on advance testing the judges’ decision, the trial courts rebuttal to permit him to correct his appeal, the trial courts affirmation or rejection of certain proof, and the trial courts refusal to allow a defensive order. Facts i. On 4th March, 1997, in the Truman structure on the Capitol Complex in Jefferson City. ii. Mr. Ratcliff was the operating in the building as an interchanges admin for the Capitol Police. iii. Sprints administration professional, Jerry Bondurant, was introducing another...
1 Pages(250 words)Essay

Case brief

...Case brief Affiliation: The case is Mikell v. School Administrative Unit 33, case number 2008-737 which was decided in May 15, 2009, http://caselaw.findlaw.com/nh-supreme-court/1204844.html 2. FACTS Joshua Markiewicz was a seventh grader student who hanged himself. He had been having disciplinary troubles in school which the school counselor was aware of and had informed his mother about some of them. A statement however about him “wanting to blow his brains out” was however termed as not serious by the counselor to his mother and he was made to sign a contract of safety but the matter was never followed again. The mother was suing the school administration including the...
1 Pages(250 words)Assignment

Case Brief

...Case Brief of Crane vs. Commissioner of Internal Affairs Affiliation A case brief of Crane v. Commissioner of internal revenue No. 68 Supreme Court of the United States 331 U.S. 1; 67 S. Ct. 1047; 91 L. Ed. 1301; 1947 U.S. LEXIS 3021; 47-1 U.S. Tax Cas. (CCH) P9217; 35 A.F.T.R. (P-H) 776; 1947-1 C.B. 97; 1947 P.H. P72, 004 Fact: After the death of her husband in January 1932, Mrs. Crane became the sole beneficiary of and the executrix of her husband’s will. The inheritance comprised of an apartment lot and building subject to a mortgage, which secured an interest in default of $ 7,042.50 and a primary debt of $ 255,000.00. Mrs. Crane, afterwards, got into a contract with...
2 Pages(500 words)Essay
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Case Brief: Asylum for FREE!

Contact Us