Author Archives: Mike Baker

CA7 Upholds Denial of Continuance for Petitioner with Multiple Traffic Violations

Posted on July 26, 2014 by Mike Baker

The court held that there was enough evidence before the IJ and BIA to conclude that petitioner lacked the good moral character necessary for cancellation, and that the outcome of the latest criminal proceeding was immaterial. Bd. did not err … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Cancellation of Removal, Continuance, Good Moral Character, Good Moral Character (GMC), Motion for Continuance | Leave a comment

CA7 finds retroactive application of “sought to acquire” of CSPA would be a manifest injustice

Posted on July 26, 2014 by Mike Baker

The Child Status Protection Act, 8 U.S.C. 1153(h), allows adult children of lawful permanent residents to maintain child status if their parent filed a visa petition on their behalf while they were under 21 and prevents such children from aging … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Child Status Protection Act, CSPA, CSPA Formulas for Calculating Age | Leave a comment

CA7 finds alien’s continuous presence in the United States ends upon the service of a Notice to Appear on the alien, even if that notice is missing the date and time of the initial hearing.

Posted on July 22, 2014 by Mike Baker

An alien otherwise inadmissible can be eligible for cancellation of removal if, among other things, he establishes that he “has been physically present in the United States for a continuous period of at least ten (10) years immediately preceding the … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, BIA, Cancellation of Removal, Cancellation Of Removal and The Stop-Time Rule, Chicago Immigration Court, Stop-Time Rule | Leave a comment

CA7 upholds denial of non LPR Cancellation of Removal due to aggravated felony conviction for domestic battery

Posted on July 19, 2014 by Mike Baker

§ 1229b. Cancellation of removal; adjustment of status (a) Cancellation of removal for certain permanent residents. The Attorney General may cancel removal in the case of an alien who is inadmissible or deportable from the United States if the alien– … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, BIA, Cancellation of Removal, CIMT, Crime involving moral turpitude, Domestic battery | Leave a comment

CA7 remands to conduct the three-step inquiry in Matter of Silva-Trevino

Posted on July 15, 2014 by Mike Baker

“In Matter of Silva-Trevino, 24 I. & N. Dec. 687 (A.G. 2008), the Attorney General established a three-step framework for immigration judges and the Board to use to determine whether an alien’s conviction qualifies as a CIMT. At the first … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Cancellation of Removal, Crime involving moral turpitude | Leave a comment