Author Archives: Mike Baker

CA7 remands COR holding that possession of any amount of marijuana over 30 grams could be prosecuted as federal misdemeanor, not an “aggravated felony.”

Posted on July 27, 2017 by Mike Baker

BIA erred in finding that noncitizen was ineligible for cancellation of removal relief because his prior Illinois conviction for possession of more than 30 but not more than 500 grams of marijuana under 720 ILCS section 550/5(d) qualified as “aggravated … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Deportation for Drug Crimes, Drug Laws in Illinois, exception to deportability 30 grams or less of marijuana, Marijuana Possession, Removal, U.S. Supreme Court | Leave a comment

CA7 remands Immigration judge’s credibility findings with respect to asylum applicant claiming persecution in Moldova

Posted on July 19, 2017 by Mike Baker

Record failed to contain sufficient evidence to support IJ’s denial of alien’s application for asylum and withholding of removal relief, where alien alleged that police in Moldova persecuted him on account of his political beliefs. Although IJ found that alien … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, Immigration judge's credibility finding, Moldova | Leave a comment

CA7 granted Mexican national’s motion to stay his removal pending appeal as trial counsel failed to adequately prepare him for removal proceeding

Posted on July 6, 2017 by Mike Baker

CA7 granted alien-citizen of Mexico’s motion to stay his removal pending appeal, where alien alleged that Bd. had erred in failing to grant his motion to reopen removal proceeding based on allegations that his trial counsel had failed to adequately … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, BIA, Cancellation of Removal, Cancellation of Removal for Non LPRS under INA Section 240A(b)(1), ineffective assistance of counsel, Stay of Removal | Leave a comment

CA7 dismissed for lack of jurisdiction appeal of Board’s order dismissing asylum application on ground that reinstated order of removal precluded asylum

Posted on July 6, 2017 by Mike Baker

CA7 dismissed for lack of jurisdiction alien’s appeal of Board’s order dismissing his asylum application on ground that alien, as individual subject to reinstated order of removal, had no right to seek asylum relief under applicable federal regulations. Under Delgado-Arteaga, … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, reinstated order of removal, Standing | Leave a comment

CA7 dismissed application for withholding of removal for lack of jurisdiction, general fear of crime and extortion activity arising out of gang’s actions not enough

Posted on July 6, 2017 by Mike Baker

CA7 lacked jurisdiction to review alien’s appeal of Board Order denying his application for withholding of removal. Lopez admitted that he was removable based on his prior conviction on drug offense, and he did nor establish valid claim for withholding … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, withholding of removal, withholding of removal; lack of jurisdiction | Leave a comment