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Immigration – Asylum

By: Derek Hawkins//August 29, 2016//

Immigration – Asylum

By: Derek Hawkins//August 29, 2016//

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7th Circuit Court of Appeals

Case Name: Daniiar Santashbekovich Santashbekov v. Loretta E. Lynch

Case No.: 15-2359

Officials: FLAUM, RIPPLE, and HAMILTON, Circuit Judges

Focus: Immigration – Asylum

Substantial evidence supports notion that appellant’s claims of political persecution were not credible.

“Finally, Santashbekov argues that the Board and immigration judge violated his due process rights by dismissing his arguments “with no analysis” and failing to “give fair and proper weight to the evidence at hand … .” See Reno v. Flores, 507 U.S. 292, 306 (1993) (Fifth Amendment entitles aliens to due process of law in deportation proceedings). This argument is wide of the mark. The Board and the judge provided ample analysis to justify their decisions. Santashbekov’s argument that the Board and judge incorrectly weighed the evidence “is indistinguishable from a straightforward claim that [their decisions were] not supported by substantial evidence on the record.” Albu v. Holder, 761 F.3d 817, 822 (7th Cir. 2014). That argument fails both as a due process claim and on the merits. “

Petition Denied

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.

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