Monthly Archives: June 2010

BIA Finds § 236(a)(2)(B) Conditional Parole Is Not Parole into the U.S. for AOS Purposes: Matter of Luis CASTILLO-PADILLA

Posted on June 29, 2010 by Mike Baker

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(1) Conditional parole under section 236(a)(2)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1226(a)(2)(B) (2006), is a distinct and different procedure from parole under section 212(d)(5)(A) of the Act, 8 U.S.C. § 1182(d)(5)(A) (2006). (2) An alien who … Continue reading →

Posted in Adjustment of Status, BIA, Board of Immigration Appeals | 1 Comment

Illinois Supreme Court OK’s taking driver’s license for underage drinking

Posted on June 25, 2010 by Mike Baker

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People v. Boeckmann Direct appeal from the circuit court of Clinton County. JUSTICE KILBRIDE delivered the judgment of the court, with opinion.Chief Justice Fitzgerald concurred in the judgment and opinion.Justice Garman specially concurred, with opinion, joined by JusticeThomas.Justice Freeman dissented, … Continue reading →

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Troubling reality of the expedited removal procedure: 7th Circuit 09-3825 Faisal Khan v. Eric Holder, Jr.

Posted on June 18, 2010 by Mike Baker

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WOOD, Circuit Judge. “Petitioner Faisal Khan and his sister Mona Khan, citizens of Pakistan, obtained B1/B2 nonimmigrant visitor’s visas to travel to the United States, purportedly for a two-month visit with their brother and his wife, whom they had not … Continue reading →

Posted in expedited removal | Leave a comment

Second or subsequent simple possession offenses are not aggravated felonies under §1101(a)(43) when, as in this case, the state conviction is not based on the fact of a prior conviction

Posted on June 14, 2010 by Mike Baker

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In Carachuri-Rosendo v. Holder (09-60), the Court reverses, in an opinion by Justice Stevens.  The vote is unanimous, though Justices Scalia and Thomas each file opinions concurring in the judgment only. Issue: Whether a person convicted under state law for … Continue reading →

Posted in Deportation for Drug Crimes, U.S. Supreme Court | Leave a comment

Chinese Asylum: Is it appropriate to treat suing a unit of government as a legitimate means of expressing one’s political opinion? 7th Circuit 2010

Posted on June 10, 2010 by Mike Baker

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Xiu Chen v. Eric Holder, Jr. (Easterbrook)Full Text A Chinese citizen’s petition for review of BIA’s denial of her application for asylum is granted and remanded as the Board has never addressed the question of whether it is appropriate to … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum | Leave a comment