A Second Chance – Part 1
From my lawyer:
“Exciting news! On May 6, 2011, the Ninth Circuit Court of Appeals in San Francisco ruled in a published precedent decision that Xiao Fei (“Eddy”) Zheng deserves a second chance to stay legally in the United States. The Court was reviewing the prior decision of the Board of Immigration Appeals (BIA) which had found he should be deported to China because of his conviction for kidnapping at age 16 for which he received a life sentence with possibility of parole. The Ninth Circuit determined that the BIA decision against Eddy was incorrect and incomplete, because it failed to consider one of the most important factors in Eddy’s case – his value to the community, which has been outstanding.
The Ninth Circuit decision favoring Eddy quoted many community leaders, including Jake McGoldrick, then a Member of the San Francisco Board of Supervisors, and Jane Kim, then a Youth Program Director, who had spoken or written on Eddy’s behalf in support of his request for a waiver of deportation (called the § 212(c) waiver).
With the overturning of the BIA decision, Eddy’s case will now return to the BIA for a new decision. Given the passage of time, including Eddy’ release from immigration custody, it is likely that within a few months, the BIA will order a new hearing before the Immigration Court, so that the Court can have an updated evidentiary record on which to make the new decision. Eddy’s increased value to the community now that he has been a part of that community for several years will again play a prominent role in his presentation of the evidence and, hopefully, in the new decision from the Courts about whether he is allowed to continue to live and work in the United States.
The Court rejected Eddy’s appeal regarding his application for protection under the Convention Against Torture. The Ninth Circuit decision was published as a precedent which means it can also be applied to others in the Ninth Circuit as well.“