More on: Board of Immigration Appeals
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.“
Mar 16, 2011
by Jon Brooks, with reporting by Kyung Jin Lee, KQED News Fix
( read excerpted article online here )
Community Activist, Ex-Con Eddy Zheng Faces Deportation
At issue, according to Kyung Jin Lee, KQED’s reporter at the hearing, is whether a Board of Immigration Appeals’ decision to remove Zheng considered positive factors in addition to his prison record. Zheng spent 19 years in prison stemming rom a robbery-kidnapping he took part in as a teen.
In addition to his job working with at-risk youth, Zheng has also become known for his poetry and prison blog.You may remember that his incarceration became a cause celebre in the late 1990s, after then-governor Gray Davis ignored a unanimous parole board vote in his favor, refusing to sign off on his release. Gov. Arnold Schwarzenegger finally granted Zheng parole in 2005, but because his imprisonment had prevented him from becoming a naturalized citizen, he was taken into custody by the Department of Homeland Security pending deportation proceedings. He was set free in 2007, but an immigration court eventually ordered that he be deported to China, where he lived as a boy. The appeal of that order was today.