Monthly Archives: April 2017

CA7 affirms BIA denial of Asylum, declined remand because no evidence presented to show that new claim was previously unavailable

Posted on April 21, 2017 by Mike Baker

Barragan-Ojeda v. Sessions, No. 16-2964 (7th Cir. 2017) Barragan‐Ojeda, an 18-year-old citizen of Mexico, entered the U.S. without authorization in 2013. He was apprehended at the border and requested asylum. Before an immigration judge, he claimed that a Mexican criminal … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, Motions to Reopen, Persection of gays in Mexico, political opinion | Leave a comment

CA7 vacated BIA denial of untimely Motion to Reopen for ignoring evidence of changed circumstances in both Sudan or South Sudan

Posted on April 20, 2017 by Mike Baker

Arej v. Sessions, No. 15-2061 (7th Cir. 2017) Bd. erred in affirming IJ’s denial of alien’s motion to reopen his removal proceedings that previously resulted in order directing alien’s removal to Sudan, where purpose of motion to reopen was to … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, changed country conditions, Motions to Reopen | Leave a comment

CA7 affirms denial of withholding of removal to Mexico and CAT relief; BIA fact-finding as to state-court conviction was harmless

Posted on April 20, 2017 by Mike Baker

Delgado-Arteaga v. Sessions, No. 16-1816 (7th Cir. 2017) Record contained sufficient evidence to support IJ’s order denying alien’s application for withholding of removal to Mexico, where said denial was based, in part, on finding that alien’s prior Illinois drug trafficking … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, particularly serious crime, withholding of removal | Leave a comment

CA7 upholds Dist. Ct. dismissal of appeal under Administrative Procedure Act seeking to review denial of visa application

Posted on April 20, 2017 by Mike Baker

Morfin v. Tillerson, No. 15-3633 (7th Cir. 2017) Dist. Ct. did not err in dismissing plaintiff-alien’s action under Administrative Procedure Act, seeking to review denial of visa application as part of his process to obtain permanent resident status, where consular … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Consular non-reviewability, Consular Nonreviewability Doctrine | Leave a comment

CA7 affirms rejection of mandamus petition seeking review of denial of visa application by consular official

Posted on April 20, 2017 by Mike Baker

Yusev v. Sessions, No. 16-1338 (7th Cir. 2017) Dist. Ct. did not err in dismissing plaintiff-aliens’ petition for writ of mandamus seeking review of denial of plaintiff’s visa application by consular official during plaintiff’s process of becoming permanent resident. Consular … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Consular non-reviewability, Consular Nonreviewability Doctrine, Mandamus | Leave a comment