Author Archives: Mike Baker

Recent Cases United States Court of Appeals for the 7th Circuit (October 2017-December 2018. CA7)

Posted on August 20, 2018 by Mike Baker

Alvarenga-Flores v. Sessions Citation Case Number: No. 17-2920 Decision Date: August 28, 2018 Federal District: Petition for Review, Order of Bd. of Immigration Appeals Holding: Petition denied Record contained sufficient evidence to support IJ’s denial of application for asylum relief, … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Administrative Procedure Act, Asylum, Cancellation of Removal for Non-Lawful Permanent Residents, I-751 petition, Motion to Reopen, remove residency conditions, U nonimmigrant status, U-Visa, Uncategorized, Victims of Trafficking and Violence Protection Act, violating order of protection, writ of mandamus | Leave a comment

SCOTUS Pereira v. Sessions: A Notice to Appear that does not include the specific time and place of the non LPRs removal proceedings does not trigger the stop-time rule under §1229(a) of the INA.

Posted on June 21, 2018 by Mike Baker

The Pereira decision is significant to many non-citizens who received notices like Pereira’s. The clock continued to run on their physical presence in the U.S. after they received notices without dates, which will potentially enable them to qualify for relief … Continue reading →

Posted in Cancellation of Removal, Cancellation Of Removal and The Stop-Time Rule, Cancellation of Removal for Non LPRS under INA Section 240A(b)(1), Continuous Residence Exceptions, Notice to Appear, SCOTUS, stop-time, Stop-Time Rule | Leave a comment

BIA Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S.

Posted on October 18, 2017 by Mike Baker

VELLA, 27 I&N Dec. 138 (BIA 2017) ID 3905 (PDF) An alien “has previously been admitted to the United States as an alien lawfully admitted for permanent residence” within the meaning of section 212(h) of the Immigration and Nationality Act, … Continue reading →

Posted in 212(h), 212(h) and readjustment, 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, BIA, Board of Immigration Appeals, CA7 Holds §212(h) Waiver Available to Petitioner Who Adjusted to LPR Status in the U.S. | Leave a comment

Good Moral Character (GMC), Naturalization N-400 application, Chicago District Office, Citizenship and Immigration Services (CIS)

Posted on August 28, 2017 by Mike Baker

Lawfully Admitted for Permanent Residence Continuity of Residence Residency: Jurisdiction Physical Presence Good Moral Character Attachment to the Constitution English language proficiency and knowledge of United States history and government. Naturalization applicants are required by law to appear in person … Continue reading →

Posted in Good Moral Character, Good Moral Character (GMC), Naturalization, Naturalization Interview Process, Naturalization N-400 | Leave a comment

CA7 affirms BIA finding that native of El Salvador did not meet burden of demonstrating a nexus between alleged persecution and his proposed social groups of wealthy deportees or gang resisters.

Posted on July 30, 2017 by Mike Baker

BIA did not err in affirming IJ’s denial of alien’s (citizen of El Salvador) asylum and withholding of removal applications, alleging that gang in El Salvador subjected him to past persecution on account of his membership in social groups of … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Convention Against Torture, membership in a particular social group, Nexus between persecution and social groups, particular social group, past persecution, political asylum | Leave a comment