Author Archives: Mike Baker

CA7 lacked jurisdiction to review BIA denial of discretionary 212(h) waiver where alien was involved in violent or dangerous crime

Posted on August 30, 2016 by Mike Baker

Bd. did not err in reversing IJ’s grant of alien’s application for waiver of inadmissibility under section 212(h) of INA, where: (1) alien became removable based on his prior conviction on charge of unarmed bank robbery, which, in turn, resulted … Continue reading →

Posted in 212 (h) waiver, 7th Circuit, 7th Circuit Cases- Aliens, Uncategorized, Waivers, Waivers of Inadmissibility | Leave a comment

CA7 upholds IJ denial of Kyrgyzstan political asylum application

Posted on August 30, 2016 by Mike Baker

Record contained sufficient evidence to support IJ’s denial of alien’s asylum petition on grounds that alien was not credible, even though alien claimed that he faced persecution for his political activism as member of youth wing of political opposition party … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, Ata Meken party in Kyrgyzstan, political asylum, Uncategorized | Leave a comment

CA7 upholds IJ finding that family members perceived as having money is not ‘membership in a particular social group’

Posted on August 30, 2016 by Mike Baker

Record contained sufficient evidence to support IJ’s denial of alien’s application for withholding of removal to Mexico based on his proposed social group of Mexican nationals whose family members have suffered persecution at hands of Zetas gang and other drug … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Convention Against Torture, membership in a particular social group, withholding of removal | Leave a comment

CA7 finds that use of false social security number in order to work may not be crime of moral turpitude

Posted on August 25, 2016 by Mike Baker

Arias v. Lynch, No. 14-2839 (August 24, 2016) Petition for Review, Order of Bd. of Immigration Appeals Petition granted. Arias v. Lynch, Court of Appeals, 7th Circuit 2016 Download Case Arias came to the U.S. without authorization in 2000. She … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, CIMT, Crime involving moral turpitude, false social security number | Tagged | Leave a comment

Failure to comply with an order of voluntary departure, available for certain victims of domestic violence or related abuse, does not extend to U-1 nonimmigrant victims of qualifying criminal activity

Posted on May 17, 2016 by Mike Baker

The following Immigration Policy Memorandum is now available Matter of L-S-M-, Adopted Decision 2016-03 (AAO Feb. 23, 2016) PM-602-0133 This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of L-S-M- as an Adopted … Continue reading →

Posted in Matter of L-S-M-, Voluntary Departure | Leave a comment