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9th Circuit Appeal Hearing

Aug 14, 2011
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9th Circuit Appeal Hearing

A Second Chance – Part 1

Jun 14, 2011
» Legal Updates

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.

2010 Reflections

Jan 02, 2011
» Reflections

Happy beginning of 2011 my dearest family, friends and supporters!

The year of 2010 definitely ended with a bang for me. I received much media attention in my effort to petition for a pardon from Governor Schwarzenegger before he leaves office. Bay Area mainstream KTVU channel 2 news did an interview with me. People’s station KPFA’s Hard Knock Radio, APEX Express, and Letters to Washington had me on their shows. The Chinese World Journal newspaper did two articles on me. KQED online news blogged about my deportation case. Many bloggers and websites across the nation helped spread the word of my online petition. Change.org hosted my online petition. Facebook was extremely useful in reaching out to people to support my cause. We had over 2,500 people signed the online pardon petition. None of it could have been possible without the support from friends and the community.

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Appeal of Deportation Order Rejected

Nov 03, 2006
» Legal Updates

The Board of Immigration Appeals rejected Eddy’s appeal of his deportation order. The BIA is a very conservative and unsympathetic board; Eddy and his lawyers will appeal this decision to the 9th Circuit Federal Court of Appeals. Eddy is also challenging his ongoing detention at the Yuba County Jail and hopefully will be released from custody during the appeals process.