Author Archives: Mike Baker

SCOTUS Pereira v. Sessions: A Notice to Appear that does not include the specific time and place of the noncitizen’s removal proceedings does not trigger the stop-time rule under §1229(a) of the INA.

Wescley Fonseca Pereira entered the United States in June 2000 as a non-immigrant visitor authorized to stay until December 21, 2000. Pereira overstayed his visa, and in May 2006, the Department of Homeland Security (DHS) personally served him with a … Continue reading

Posted in Cancellation of Removal, Cancellation Of Removal and The Stop-Time Rule, Cancellation of Removal for Non LPRS under INA Section 240A(b)(1), Continuous Residence Exceptions, Notice to Appear, SCOTUS, stop-time, Stop-Time Rule | Leave a comment

Recent Cases United States Court of Appeals for the 7th Circuit (October 2017-December 2017)

Baez-Sanchez v. Sessions, No. 16-3784 (October 6, 2017) Petition for Review, Order of Bd. of Immigration Appeals Petition granted Bd. erred in finding that IJ lacked authority to grant alien’s request to waive alien’s inadmissibility (and thus to temporarily halt … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Administrative Procedure Act, Asylum, Cancellation of Removal for Non-Lawful Permanent Residents, I-751 petition, Motion to Reopen, remove residency conditions, U nonimmigrant status, U-Visa, Uncategorized, Victims of Trafficking and Violence Protection Act, violating order of protection, writ of mandamus | Leave a comment

BIA Precedent Decisions Volume 27 (3887 – ) Executive Office for Immigration Review 2017-

A-B-, 27 I&N Dec. 316 (A.G. 2018) ID 3929 (PDF) (1)Matter of A-R-C-G-, 26 I&N Dec. 338 (BIA 2014) is overruled. That decision was wrongly decided and should not have been issued as a precedential decision. (2)An applicant seeking to … Continue reading

Posted in BIA, BIA Precedent Decisions, BIA Precedent Decisions Volume 25, BIA Precedent Decisions Volume 26, BIA Precedent Decisions Volume 27 (2017-) Executive Office for Immigration Review, BIA PRECEDENT TABLE, BIA Precedent Table-1995 to Present, Board of Immigration Appeals, EOIR, Executive Office for Immigration Review | Leave a comment

BIA Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S.

VELLA, 27 I&N Dec. 138 (BIA 2017) ID 3905 (PDF) An alien “has previously been admitted to the United States as an alien lawfully admitted for permanent residence” within the meaning of section 212(h) of the Immigration and Nationality Act, … Continue reading

Posted in 212(h), 212(h) and readjustment, 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, BIA, Board of Immigration Appeals, CA7 Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S. | Leave a comment

Good Moral Character (GMC), Naturalization N-400 application, Chicago District Office, Citizenship and Immigration Services (CIS)

Lawfully Admitted for Permanent Residence Continuity of Residence Residency: Jurisdiction Physical Presence Good Moral Character Attachment to the Constitution English language proficiency and knowledge of United States history and government. Naturalization applicants are required by law to appear in person … Continue reading

Posted in Good Moral Character, Good Moral Character (GMC), Naturalization, Naturalization Interview Process, Naturalization N-400 | Leave a comment