Monthly Archives: August 2013

EOIR – IJ Benchbook – Bond Guide

Posted on August 13, 2013 by Mike Baker

I. OVERVIEW A. APPLICATION BEFORE AN IMMIGRATION JUDGE The controlling provisions for bond/custody redetermination hearings before an Immigration Judge are found at INA § 236; 8 C.F.R. §§ 1003.19 and 1236.1 (2006). The bond hearing is separate and apart from, … Continue reading →

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CA7 Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S.-Papazoglou v. Holder

Posted on August 9, 2013 by Mike Baker

7th Circuit Joins 3rd, 4th, 5th, and 11th regarding 212(h) and readjustment-Papazoglou v. Holder. August 6, 2013, Decided. The court joined four other circuits in holding that §212(h) precludes a waiver only for those persons who were LPRs at the … Continue reading →

Posted in 212(h), 212(h) and readjustment, 212(h) waiver, 7th Circuit, 7th Circuit Cases- Aliens, 8 U.S.C.S. § 1182(h), CA7 Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S. | Tagged | Leave a comment

CA7 Margulis v Holder: “stand-alone” waiver of inadmissibility under section 212(h) in removal proceedings

Posted on August 6, 2013 by Mike Baker

Margulis embarked on a business trip to Canada but was stopped by Canadian immigration officers just inside Canadian territory. They refused to allow him to “enter” Canada (of course he was in Canada when they told him this). So he … Continue reading →

Posted in 212(h), 212(h) waiver, 7th Circuit, 7th Circuit Cases- Aliens, arriving alien, entry, inadmissibility, nunc pro tunc relief, reentry, stand-alone waiver of inadmissibility under section 212(h), Waivers of Inadmissibility | Leave a comment

Zambrano v Holder CA7, illegal reentry bars Motion to Reopen and 212 (c) discretionary relief

Posted on August 5, 2013 by Mike Baker

Reyes, a citizen of Mexico, entered the U.S. in 1979 and was granted lawful permanent resident status in 1989. In 1993, he pled guilty to two felony counts of aggravated sexual abuse of a minor. He was sentenced to six … Continue reading →

Posted in 212(c), 7th Circuit, 7th Circuit Cases- Aliens, illegal re-entry, illegal reentry, Motion to Reopen, Reinstatement removal order | Leave a comment

CA7 Holds Aggravated Felony Definition Does Not Apply to Pre-1988 Convictions: Zivkovic v. Holder

Posted on August 1, 2013 by Mike Baker

Zivkovic, a Serbian, was admitted to the U.S. as a lawful permanent resident in 1966. In 1976, he pleaded guilty to burglary and received a sentence of two to six years. In 1978, he was convicted of attempted rape and … Continue reading →

Posted in 212(c), 7th Circuit, 7th Circuit Cases- Aliens, CA7 Holds Aggravated Felony Definition Does Not Apply to Pre-1988 Convictions: Zivkovic v. Holder, Vartelas v. Holder, whether a provision of the immigration laws operated retroactively | Leave a comment