Author Archives: Mike Baker

Adjustment of status under section 245(i)

Posted on April 19, 2013 by Mike Baker

Matter of Muhammad Imran BUTT, Respondent Decided April 19, 2013 U.S. Department of Justice Executive Office for Immigration Review Board of Immigration Appeals Cite as 26 I&N Dec. 108 (BIA 2013) Interim Decision #3779 (1) For purposes of establishing eligibility … Continue reading →

Posted in 245(i), Adjustment of Status, adjustment of status under section 245(i), approvable when filed, BIA, grandfathering, non-frivolous, properly filed | Leave a comment

3, 10 and Permanent Bars

Posted on April 17, 2013 by Mike Baker

Dealing with the 3, 10 and “Permanent” Bars Overview of the 3, 10 and Permanent Bars INA §212(a)(9)(B)(i)(I) provides that a noncitizen is inadmissible if he or she was unlawfully present in the United States for a period of more … Continue reading →

Posted in 10 and “Permanent” Bars, 212(d)(3) Non-immigrant Visa Waiver, 245(i), Unlawful Presence, Waivers, Waivers of Inadmissibility | Tagged , | Leave a comment

Illegal reentry, United States v. Gutierrez-Ceja, Motion to Withdraw 7th Circuit

Posted on April 4, 2013 by Mike Baker

The defendant pleaded guilty to being in the U.S. illegally after having been removed. The judge sentenced him to 84 months in prison. The statutory maximum prison sentence for illegal reentry is usually 2 years, 8 U.S.C. 1326(a), but removal … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, illegal reentry, Motion to withdraw from the case | Tagged | Leave a comment

Jabr v. Holder, Past Persecution, 7th Circuit

Posted on April 4, 2013 by Mike Baker

For more than two years, members of the Palestinian Islamic Jihad (PIJ), an organization that violently opposes the existence of Israel, tried to recruit Jabr to join their group. Jabr resisted because he is a member of Fatah, a political … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, Convention Against Torture, material evidence, Palestinian Islamic Jihad (PIJ), past persecution, political asylum, withholding of removal | Leave a comment

CA7 Finds No Jurisdiction to Review Denial of Continuance

Posted on March 3, 2013 by Mike Baker

Moral, a citizen of Ecuador, was admitted to the U.S. in 1988 as an immigrant. The U.S. Department of Homeland Security began removal proceedings in 2011 because of his multiple criminal convictions, including unlawful use of a weapon and sexual … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Jurisdiction, Motion for Continuance, Uncategorized | Tagged | Leave a comment