Author Archives: Mike Baker

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

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

BIA Precedent Decisions Volume 25 (3643 – 3765) BIA Precedent Decisions Volume 26 (2012-2017 (3766-3886) Executive Office for Immigration Review BIA Precedent Decisions Volume 27 (3887-2017-) Executive Office for Immigration Review TAVDIDISHVILI, 27 I&N Dec. 142 (BIA 2017) ID 3906 … 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

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

CA7 affirms BIA finding that native of El Salvador did not meet burden of demonstrating a nexus between alleged persecution and his proposed social groups of wealthy deportees or gang resisters.

BIA did not err in affirming IJ’s denial of alien’s (citizen of El Salvador) asylum and withholding of removal applications, alleging that gang in El Salvador subjected him to past persecution on account of his membership in social groups of … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Convention Against Torture, membership in a particular social group, Nexus between persecution and social groups, particular social group, past persecution, political asylum | Leave a comment

CA7 remands COR holding that possession of any amount of marijuana over 30 grams could be prosecuted as federal misdemeanor, not an “aggravated felony.”

BIA erred in finding that noncitizen was ineligible for cancellation of removal relief because his prior Illinois conviction for possession of more than 30 but not more than 500 grams of marijuana under 720 ILCS section 550/5(d) qualified as “aggravated … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Deportation for Drug Crimes, Drug Laws in Illinois, exception to deportability 30 grams or less of marijuana, Marijuana Possession, Removal, U.S. Supreme Court | Leave a comment