Author Archives: Mike Baker

Vahora v. Holder, Asylum, violence between Hindus and Muslims 7th Cir.

Posted on March 3, 2013 by Mike Baker

Vahora is a Muslim citizen of India. In 2002, a train caught fire in Gujarat, India. Many Hindu pilgrims and activists were killed, and violence between Hindus and Muslims followed. Vahora testified that he and several Muslim friends were shot … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, applied for asylum one year after arriving, Asylum, past persecution, violence between Hindus and Muslims, well-founded fear of future persecution | Leave a comment

Provisional Waiver I-601A Applicants: The National Visa Center Process

Posted on March 2, 2013 by Mike Baker

About the Provisional Unlawful Presence Waiver On January 2nd, 2013, U.S. Citizenship and Immigration Services (USCIS) announced that certain immediate relatives of U.S. citizens present in the United States, who are in the process of seeking immigrant visas with the … Continue reading →

Posted in I-601A, Provisional Waivers | Tagged | Leave a comment

Padilla v. Kentucky does not apply retroactively to cases already final on direct review

Posted on February 21, 2013 by Mike Baker

In Chaidez v. United States, the Court held that Padilla v. Kentucky, in which the Court held that the Sixth Amendment requires defense attorneys to inform criminal defendants of the deportation risks of guilty pleas, does not apply retroactively to cases already … Continue reading →

Posted in Guilty Pleas, ineffective assistance of counsel, Padilla, Padilla v. Kentucky, U.S. Supreme Court | Tagged | Leave a comment

Political Asylum, Pakistan, membership in the PML-N, Seventh Circuit

Posted on February 12, 2013 by Mike Baker

“Mustafa’s attackers were motivated in part by an anti-PML-N political opinion they attributed to him. Mustafa is therefore entitled to a presumption in favor of granting asylum. On remand, the government will have the opportunity to rebut that presumption by … Continue reading →

Posted in Asylum, Pakistani Muslim League, political asylum, political opinion, withholding of removal | Leave a comment

CRS on Prosecutorial Discretion in Immigration Enforcement: Legal Issues

Posted on February 5, 2013 by Mike Baker

January 17, 2013- CRS Report for Congress – Prepared for Members and Committees of Congres PDF. By Kate M. Manuel-Legislative Attorney; Todd Garvey -Legislative Attorney Summary The term prosecutorial discretion is commonly used to describe the wide latitude that prosecutors … Continue reading →

Posted in Prosecutorial discretion | Leave a comment