Author Archives: Mike Baker

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

CSPA Formulas for Calculating Age

Posted on June 16, 2014 by Mike Baker

Formulas for Calculating Age F1:the unmarried, adult (21 or over) sons and daughters of U.S. citizens; F2A:the spouses and unmarried, minor (under 21) children of LPRs; F2B:the unmarried, adult (21 or over) sons and daughters of LPRs; F3: the married … Continue reading →

Posted in Child Status Protection Act | Tagged | Leave a comment

SCOTUS defers to BIA on aged-out beneficiaries-Scialabba v. Cuellar de Osorio

Posted on June 16, 2014 by Mike Baker

The automatic conversion and priority date retention provision only applies to derivative beneficiaries of F2A petitions. The automatic conversion and priority date retention provision does not benefit F3 and F4 derivative beneficiaries of family based preference petitions. An alien needs … Continue reading →

Posted in Aged-Out Derivative Beneficiary, Aging Out Provisions, Child Status Protection Act, CSPA, derivative beneficiary, Preference Categories, Retain a Priority Date for an Aged-Out Derivative Beneficiary, U.S. Supreme Court | Leave a comment

DACA Renewals

Posted on June 8, 2014 by Mike Baker

Consideration of Deferred Action for Childhood Arrivals Process Update for DACA Renewals June 8, 2014 Because USCIS anticipates adjudicating renewal requests within 120 days, it recommends DACA recipients file for renewal approximately 120 days before the expiration date of their … Continue reading →

Posted in DACA, Deferred Action Eligibility Screening Tool, Deferred Action for Childhood Arrivals, Deferred Action Process for Young People Who Are Low Enforcement, Deferred Action Process for Young People Who Are Low Enforcement Priorities, Deferred Action Status, Update for DACA Renewals | Tagged | Leave a comment

CA7 denies collateral attack of removal order in criminal proceedings for failure to exhaust administrative remedies

Posted on May 30, 2014 by Mike Baker

United States v. Alegria-Saldana, 2014 U.S. App. LEXIS 7263: The Seventh Circuit affirmed the district court’s denial of Alegria-Saldana’s motion to dismiss his indictment for illegal reentry after removal. Alegria-Saldana alleged that his due process rights were violated in his … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, collateral attack of removal order in criminal proceedings | Leave a comment