Author Archives: Mike Baker

212(h) discretionary waiver: Matter of E. W. Rodriguez, 25 I&N Dec. 784 (BIA 2012) Interim Decision #3749

(1) In removal proceedings arising within the jurisdictions of the United States Courts of Appeals for the Fourth, Fifth, and Eleventh Circuits, an aggravated felony conviction disqualifies an alien from relief under section 212(h) of the Immigration and Nationality Act, … Continue reading

Posted in 212(h), 212(h) waiver, Aggravated felony, BIA, Board of Immigration Appeals | Tagged | Leave a comment

USCIS Processing Time Information Chicago IL Field Office

Posted: March 20, 2012 Below is a chart that shows the Form Number, Form Name and Processing Times for all of the forms that are processed at that office. (Note that not all offices process all types of applications and … Continue reading

Posted in I-485 Application to Register Permanent Residence or to Adjust Status, N-400 Application for Naturalization, N-600 Application for Certification of Citizenship, USCIS Processing Time Chicago IL Field Office | Leave a comment

Vartelas v. Holder (03/28/2012) – Supreme Court

The court held that if the basis for inadmissibility is a pre-April 1, 1997 plea, and if the LPR’s trip/s outside the U.S., taken at any time, are “brief, casual and innocent,” then the person is treated like a returning … Continue reading

Posted in 8 U.S.C. § 1101(a)(13)(C)(v), Rights of lawful permanent residents, Rosenberg v. Fleuti, U.S. Supreme Court | Leave a comment

DHS prosecutorial discretion enforcement policies and practices.

CLINIC recently posted a Prosecutorial Discretion Toolkit on its website that contains the government documents, articles, sample letters and motions, practice advisories and other materials to help nonprofit attorneys, accredited representatives and advocates understand DHS prosecutorial discretion enforcement policies and … Continue reading

Posted in Prosecutorial discretion | Tagged | Leave a comment

A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective

ABSTRACT: The purpose of this Article is to provide a basic overview of a body of law that has been compared as second only to tax law in its complexity.  Our goal is to highlight the major areas where criminal laws … Continue reading

Posted in Aggravated felony, AGGRAVATED FELONY CASE SUMMARY, BIA, CIMT, Citizenship, Crime involving moral turpitude, Immigration law | Tagged | Comments Off on A View Through The Looking Glass: How Crimes Appear From The Immigration Court Perspective