Attorney Magdalena Cuprys wins Motion to Reopen before Board of Immigration Appeals

BIA grants Motion after filing by Immigration Attorney Magdalena Cuprys to give an opportunity to present the case; prima facie evidence was not available at the initial merits hearing
By: Cuprys & Associates
 
 
Blog of Immigration Attorney Magdalena Cuprys
Blog of Immigration Attorney Magdalena Cuprys
MIAMI - Dec. 9, 2018 - PRLog -- The Florida law firm of Cuprys & Associates announced today that immigration attorney Magdalena Ewa Cuprys won a Motion to Reopen before the Board of Immigration Appeals (BIA).

The petitioner 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).

About Magdalena Cuprys

Magdalena Cuprys is the principal attorney of Serving Immigrants (Cuprys and Associates), a full-service immigration law firm offering a complete range of immigration services to both businesses and individuals. The law firm is uniquely qualified to manage the most contentious and unusual immigration needs.

Ms. Cuprys' news are at https://hype.news/magdalena-ewa-cuprys-immigration-attorney/
She is a member of the American Immigration Lawyers Association (AILA), see http://www.ailalawyer.com/english/AttorneyDetail.aspx?P=19738&A=40169

Contact
Cuprys & Associates
Magdalena Ewa Cuprys, Esq.
***@servingimmigrants.com
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