Author Archives: Mike Baker

Immigration backlogs

Immigration backlogs refer to delays and many pending cases in the immigration system[1]. These backlogs can affect various categories of immigrants, including asylum seekers, DACA recipients, spouses of U.S. citizens, and high-skilled immigrants in the tech industry[1]. Backlogs can occur … Continue reading

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Expunging, sealing criminal records, Illinois

EXPUNGEMENT: When a record is expunged, it is physically destroyed by each law enforcement agency, as if it never existed. SEALED: When an Illinois State Police record is sealed, it is no longer available to your employer or other members … Continue reading

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Relief Application Waived if Not Filed by IJ’s Deadline, BIA Rules

Matter of R-C-R-, 28 I&N Dec. 74 (BIA 2020) (pdf) (1) After an Immigration Judge has set a firm deadline for filing an application for relief, the respondent’s opportunity to file the application may be deemed waived, prior to a … Continue reading

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BIA Precedent Decisions Volume 27 (3887 – 3984) Executive Office for Immigration Review 2017-2020

MIRANDA-CORDIERO, 27 I&N Dec. 551 (BIA 2019) ID 3953 (PDF) Pursuant to section 240(b)(5)(B) of the Immigration and Nationality Act, 8 U.S.C. § 1229a(b)(5)(B) (2012), neither rescission of an in absentia order of removal nor termination of the proceedings is … Continue reading

Posted in BIA, BIA Precedent Decisions, BIA Precedent Decisions Volume 25, BIA Precedent Decisions Volume 26, BIA Precedent Decisions Volume 27 (2017-) Executive Office for Immigration Review, BIA PRECEDENT TABLE, BIA Precedent Table-1995 to Present, Board of Immigration Appeals, EOIR, Executive Office for Immigration Review | Leave a comment

CA7 finds that a deficient immigration court notice does not strip the immigration courts of authority to preside over the resulting removal proceedings

A new case from the U.S. 7th Circuit Court of Appeals denied termination under Pereira v. Sessions, but without validating the BIA’s 2-step approach which many circuit courts had upheld. The failure to follow a claim-processing rule is not a … Continue reading

Posted in CA7, Defective Notice to Appear, Jurisdiction, Motion to Terminate, U.S. 7th Circuit Court of Appeals | Leave a comment