Author Archives: Mike Baker

CA7 Remands Denied Asylum Claim for Political Activist from Belarus

Posted on September 10, 2013 by Mike Baker

Boika, a Belarusian citizen, entered the U.S. legally in 2006, but overstayed. At her removal proceedings, she applied for asylum under 8 U.S.C. 1158, withholding of removal under 8 U.S.C. 1231(b)(3), and relief pursuant to the Convention Against Torture. Her … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, CA7 Remands Denied Asylum Claim for Political Activist from Belarus, Convention Against Torture, future persecution, material change in conditions, political asylum | Leave a comment

BIA Precedent Table-1995 to Present

Posted on September 9, 2013 by Mike Baker

Headnotes from BIA precedent cases published in volumes 21,22, 23, 24, 25 and 26 of the Administrative Decisions under the Immigration and Nationality Laws of the United States, organized by topic. As such, it includes all BIA cases published from … Continue reading →

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CA7 finds deprivation of procedural rights when an immigration judge based decision on two hearsay documents

Posted on September 9, 2013 by Mike Baker

Pouhova’s petition for review is GRANTED and CA7 VACATED the Board’s orders affirming the immigration judge’s findings that (1) Pouhova’s testimony was not credible, (2) Pouhova was inadmissible for smuggling, (3) the government showed by clear and convinving evidence that … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, CA7 finds deprivation of procedural rights when an immigration judge based decision on two hearsay documents, hearsay document, procedural rights | Leave a comment

CA7 Remands Withholding Claim to BIA for HIV Positive Gay Man from Mexico

Posted on September 9, 2013 by Mike Baker

Camarena, a Mexican citizen, was admitted to the U.S. for permanent residence in 1977, at age 10. He did not become a citizen. After a felony conviction for indecent solicitation of a minor, his permanent-residence status was revoked, and he … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, CA7 Remands Withholding Claim to BIA for HIV Positive Gay Man from Mexico, HIV Positive Gay Man from Mexico, withholding of removal | Leave a comment

EOIR – IJ Benchbook – Bond Guide

Posted on August 13, 2013 by Mike Baker

I. OVERVIEW A. APPLICATION BEFORE AN IMMIGRATION JUDGE The controlling provisions for bond/custody redetermination hearings before an Immigration Judge are found at INA § 236; 8 C.F.R. §§ 1003.19 and 1236.1 (2006). The bond hearing is separate and apart from, … Continue reading →

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