Author Archives: Mike Baker

CA7 denies motion to reopen filed almost nine years from the final administrative removal order

Patel v Holder, Case No. 13-2442 (C.A. 7. Apr. 1, 2014) Jyotsnaben and Pravin Patel petition for review of a denial by the Board of Immigration Appeals of their motion to reopen their removal proceedings. The Patels moved to reopen … Continue reading

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CA7 holds IJ has jurisdiction to grant a waiver of inadmissibility to a U Visa applicant under 8 U.S.C.S. § 1182(d)(3)(A)

The IJ erred in declining to grant the alien’s request for a waiver of inadmissibility because the IJ had jurisdiction to grant a waiver of inadmissibility to a U Visa applicant under 8 U.S.C.S. § 1182(d)(3)(A). This petition for review … Continue reading

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CA7 finds that 8 U.S.C. 1447(b) gives District court exclusive jurisdiction over the naturalization application until remanded

When an applicant for naturalization had properly invoked 8 U.S.C.S. § 1447(b) and brought an application to the district court, that court had exclusive jurisdiction over the naturalization application unless and until the matter was remanded to the agency; The … Continue reading

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Battered Spouses, Children and Parents Under VAWA

As a battered spouse, child or parent, you may file an immigrant visa petition under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA). The VAWA provisions in the INA allow certain spouses, children, … Continue reading

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