On 9/1/2009, counsel in Chamber of Commerce of the U.S.A. et. al. v. Napolitano (S.D.MD, August 26, 2009) sought an emergency injunction pending appeal of the district court’s decision regarding the Federal Contractor E-Verify Rule.
The motion was denied, and the rule became effective on 9/8/2009.
The motion and the court’s ruling are included.
In a significant ruling, the Fourth Circuit Court of Appeals recently upheld an immigration judge’s denial of relief. This decision reinforced the high evidentiary burden for petitioners. Moreover, the court emphasized that substantial evidence supported the original finding. Specifically, the applicant failed to establish a well-founded fear of future persecution or a clear probability of torture.
This decision underscores the judiciary’s deference to factual findings made during initial removal proceedings. For practitioners and applicants, it serves as a critical reminder. In particular, credible testimony and corroborative documentation are essential to overcoming the rigorous standards of appellate review.
