Author Archives: Mike Baker

Seventh Circuit Upholds Warrantless Search of Cell Phones-USA v. Abel Flores-Lopez

Posted on March 3, 2012 by Mike Baker

Police currently have wide latitude to search the contents of cell phones – including text messages, voice mails, photos, Internet browsing history, and reams of other data – when searching an arrestee incident to arrest. In the Flores-Lopez case, an … Continue reading →

Posted in Fourth Amendment, GPS Surveillance, U.S. Supreme Court, Uncategorized | Leave a comment

Is Immigration Good for America?

Posted on February 26, 2012 by Mike Baker

An Interdisciplinary Journal of Public Policy Analysis Volume 32 Number 1, Winter 2012 The Winter 2012 issue of the Cato Journal is devoted to answering a single question: “Is Immigration Good for America?” In 13 articles, 16 scholars answer with … Continue reading →

Posted in Immigration, the Cato Journal | Leave a comment

Marriage Fraud Doctrines.

Posted on February 25, 2012 by Mike Baker

This Article examines the astonishing array of doctrines used to determine what constitutes marriage fraud. It begins by locating the traditional nineteenth-century annulment-by-fraud doctrine within the realm of contract fraud, observing that in the family law context fraudulent marriages were … Continue reading →

Posted in Adjustment of Status, Immigration Marriage Fraud Amendments Act of 1986, Immigration Marriage Fraud Amendments of 1986, Marriage Fraud | Leave a comment

Making a false tax return “involv[ing] fraud or deceit” when the loss to the government exceeds $10,000 is an aggravated felony.

Posted on February 24, 2012 by Mike Baker

In removal proceedings against resident aliens who were convicted of willfully making and subscribing a false tax return under 26 USC section 7206(1) and aiding and assisting in the preparation of a false tax return under 26 USC section 7206(2), … Continue reading →

Posted in Aggravated felony, U.S. Supreme Court | Leave a comment

I-601 Provisional Waiver Is Not in Effect

Posted on February 22, 2012 by Mike Baker

USCIS is considering changes that would allow certain immediate relatives (the spouse, children or parents of a U.S. citizen) who can demonstrate extreme hardship to a U.S. citizen spouse or parent to receive a provisional waiver of the unlawful presence … Continue reading →

Posted in I-601, Provisional Waivers, Unlawful Presence, Waivers | Leave a comment