Author Archives: Mike Baker

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

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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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

Federal Courts to Continue Funded Operations Until January 25

During the partial shutdown of the federal government, which began December 22, 2018, the Judiciary has continued to operate by using court fee balances and other “no-year” funds. As of January 16, 2019, the Administrative Office of the U.S. Courts … Continue reading

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