Author Archives: Mike Baker

Nebraska Service Center Filing Tips

Posted on August 24, 2014 by Mike Baker

NSC Offers Filing and Best Practice Tips U.S. Citizenship and Immigration Services’ (USCIS’) Nebraska Service Center (NSC) strives to adjudicate each and every petition within posted processing times and, in reviewing ways to improve its efficiency, has identified the following … Continue reading →

Posted in Nebraska Service Center, NSC | Leave a comment

CA7 remands 212(c) case to BIA due to legal error of reliance on uncorroborated arrest reports absent a conviction or corroborating evidence

Posted on August 21, 2014 by Mike Baker

Avila-Ramirez, an LPR since 1977, does not contest the BIA’s determination that his 1990 conviction for committing a lewd and lascivious act with a child under the age of fourteen was for an aggravated felony. Avila-Ramirez’s guilty plea occurred in … Continue reading →

Posted in 212(c), 7th Circuit, 7th Circuit Cases- Aliens, rehabilitation, uncorroborated arrest reports absent a conviction | Tagged | Leave a comment

CA7 lacks jurisdiction to review Mexican cancellation as grounds for relief sought are discretionary

Posted on August 19, 2014 by Mike Baker

Petitioner, a citizen and native of Mexico, appealed the BIA’s affirmance of the IJ’s denial of his application for cancellation of removal. The court held that the courts of appeal lack jurisdiction to review the denial of discretionary relief in … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Cancellation of Removal, court lacked jurisdiction, DIscretionary relief | Leave a comment

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