Monthly Archives: September 2013

Nationals and Citizens of The United States At Birth

Posted on September 27, 2013 by Mike Baker

INA: ACT 301 – NATIONALS AND CITIZENS OF THE UNITED STATES AT BIRTH Sec. 301. [8 U.S.C. 1401] The following shall be nationals and citizens of the United States at birth: (a) a person born in the United States, and … Continue reading →

Posted in INA 301 and 309, Nationals and CIitizens of The United States At Birth, United States Citizens at Birth | Leave a comment

CA7 denies petition as Motion to Reopen was properly denied since evidence of future persecution could have been presented at original hearing-Salim v. Holder

Posted on September 24, 2013 by Mike Baker

Salim v. Holder, No. 12-3858 (August 28, 2013) Petition for Review, Order of Bd. of Immigration Appeals Petition denied Bd. did not err in denying alien’s motion to reopen asylum and withholding of removal proceedings, even though alien submitted new … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Motions to Reopen, past persecution, “new evidence” for purposes of an MTR | Leave a comment

CA7 Remands Denied Asylum Claim for Political Activist from Belarus

Posted on September 10, 2013 by Mike Baker

Boika, a Belarusian citizen, entered the U.S. legally in 2006, but overstayed. At her removal proceedings, she applied for asylum under 8 U.S.C. 1158, withholding of removal under 8 U.S.C. 1231(b)(3), and relief pursuant to the Convention Against Torture. Her … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, CA7 Remands Denied Asylum Claim for Political Activist from Belarus, Convention Against Torture, future persecution, material change in conditions, political asylum | Leave a comment

BIA Precedent Table-1995 to Present

Posted on September 9, 2013 by Mike Baker

Headnotes from BIA precedent cases published in volumes 21,22, 23, 24, 25 and 26 of the Administrative Decisions under the Immigration and Nationality Laws of the United States, organized by topic. As such, it includes all BIA cases published from … Continue reading →

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CA7 finds deprivation of procedural rights when an immigration judge based decision on two hearsay documents

Posted on September 9, 2013 by Mike Baker

Pouhova’s petition for review is GRANTED and CA7 VACATED the Board’s orders affirming the immigration judge’s findings that (1) Pouhova’s testimony was not credible, (2) Pouhova was inadmissible for smuggling, (3) the government showed by clear and convinving evidence that … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, CA7 finds deprivation of procedural rights when an immigration judge based decision on two hearsay documents, hearsay document, procedural rights | Leave a comment