Monthly Archives: July 2014

CA7 remands for reasoned analysis of evidence of past persection in Belarus

Posted on July 27, 2014 by Mike Baker

Sobaleva entered the U.S. on a student visa and applied for asylum, contending that the Belarusian government persecuted her for her political opinion before she left and likely would do so again if she were to return. She also requested … Continue reading →

Posted in 7th Circuit Cases- Aliens, Asylum, past persecution, political asylum, political opinion, reasoned analysis of evidence, well-founded fear of future persecution | Leave a comment

CA7 finds abuse of discretion in denial of Continuance pending adjudication of I-130

Posted on July 27, 2014 by Mike Baker

Denial of a continuance on the basis of a non-reason is an abuse of discretion. Yang v. Holder, Court of Appeals, 7th Circuit 2014 Yang, a citizen of China, entered the U.S. in 1998, as a tourist. In 2000, he … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, adjudication of I-130, Continuance, Motion for Continuance, withholding of removal | Leave a comment

CA7 Upholds Denial of Continuance for Petitioner with Multiple Traffic Violations

Posted on July 26, 2014 by Mike Baker

The court held that there was enough evidence before the IJ and BIA to conclude that petitioner lacked the good moral character necessary for cancellation, and that the outcome of the latest criminal proceeding was immaterial. Bd. did not err … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Cancellation of Removal, Continuance, Good Moral Character, Good Moral Character (GMC), Motion for Continuance | Leave a comment

CA7 finds retroactive application of “sought to acquire” of CSPA would be a manifest injustice

Posted on July 26, 2014 by Mike Baker

The Child Status Protection Act, 8 U.S.C. 1153(h), allows adult children of lawful permanent residents to maintain child status if their parent filed a visa petition on their behalf while they were under 21 and prevents such children from aging … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Child Status Protection Act, CSPA, CSPA Formulas for Calculating Age | Leave a comment

CA7 finds alien’s continuous presence in the United States ends upon the service of a Notice to Appear on the alien, even if that notice is missing the date and time of the initial hearing.

Posted on July 22, 2014 by Mike Baker

An alien otherwise inadmissible can be eligible for cancellation of removal if, among other things, he establishes that he “has been physically present in the United States for a continuous period of at least ten (10) years immediately preceding the … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, BIA, Cancellation of Removal, Cancellation Of Removal and The Stop-Time Rule, Chicago Immigration Court, Stop-Time Rule | Leave a comment