motions_appeal_brief_2B375B0A1EEB6.doc - Chay Sengkhounmany...

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Chay Sengkhounmany, Esq. Tennessee Coalition Against Domestic & Sexual Violence Immigrant Legal Clinic P.O. Box 120972 Nashville, TN 37212 UNITED STATES DEPARTMENT OF JUSTICE EXECUTIVE OFFICE FOR IMMIGRATION REVIEW BOARD OF IMMIGRATION APPEALS __________________________ In the Matter of ) IN REMOVAL PROCEEDINGS ) XXX XXXX, ) File No. A XX XXX XXX ) Respondent ) __________________________ RESPONDENT’S BRIEF ON APPEAL Respondent, XXX XXXX, through her counsel, hereby submits her brief in support of her appeal of the Immigration Court’s denial of her motion to reopen and her motion to stay removal. A. Procedural History Respondent received her Notice to Appear on November 23, 2004. She was charged as an arriving alien subject to removal under INA § 212(a)(7)(A)(i)(I) 1 and was ordered removed to Malaysia on August 2, 2005. Respondent filed a Violence Against Women Act (VAWA) self- petition on November 16, 2005 and was issued a prima facie case determination on December 8, 2005. On January 30, 2006, the Respondent filed a motion to reopen and a motion to stay 1 “Immigrant… who is not in possession of a valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document required by this Act, and a valid unexpired passport, or other suitable travel document, or document of identity and nationality if such document is required under the regulations issued by the Attorney General under section 211(a)…”
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removal based on the recently enacted Violence Against Women Act of 2005 (VAWA 2005). Her motions were denied on March 13, 2006, and she filed a Notice of Appeal with the Board of Immigration Appeals on April 7, 2006. B. Statement of the Facts Respondent first entered the United States in 1996 with a student visa. While in school, Respondent met and married Mr. J, a U.S. citizen. Throughout their marriage, Respondent was emotionally, physically and sexually abused by her U.S. citizen husband. Marriage to Mr. J was not easy; he was possessive and verbally abusive to her. Mr. J was especially malevolent when he was drunk, which was quite frequent. He would threaten her and yell obscenities at her. For instance, when Mr. J overheard her casually tell a female classmate she loved her as she was about to end their phone conversation; he became enraged and grabbed her by the shoulders and violently shook her. Respondent and her husband separated in August 2001. She thought that maybe some time apart would heal their marriage and that he would miss her if they were not living together. However, with the death of his mother in October 2001, Mr. J’s behavior only worsened. He drank even more than before and was unreceptive to any efforts made by Respondent to work on their marriage. He angrily rebuffed any mention of counseling for his alcohol problem or their marriage problem. About a year after his mother passed away, Mr. J showed up at Respondent’s house drunk and demanded to be let in. Once she let him in, he pushed her into the master bedroom and raped her. After he was finished, he threw up on her and then fell asleep. Respondent quietly left the room to shower. Her skin was torn, and she had bite marks all over her upper body.
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  • Fall '17
  • managment
  • VAWA, xx xxx xxx

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