Author Archives: Mike Baker

White House and Department of Homeland Security (DHS) Take Action to Ease Deportation Policies

On August 18, 2011, the White House and Department of Homeland Security (DHS) Secretary Janet Napolitano announced steps that the Administration is taking to focus its efforts on removing criminal and other “high-risk” individuals and not “low-priority cases,” such as … Continue reading

Posted in Deportation Policies, Prosecutorial discretion | Leave a comment

Illinois Governor signed into law the Illinois DREAM Act

On August 1, 2011, Illinois Governor Pat Quinn signed into law S.B. 2185, the Illinois DREAM Act, which among other things adds new 110 Ill. Comp. Stat. Ann. 947/67 to create a privately funded scholarship program for high-school graduates from … Continue reading

Posted in Illinois DREAM Act | Leave a comment

CSPA “Effective Date” includes all beneficiaries of previously approved visa petitions except those with applications adjudicated prior to the CSPA’s enactment. Arobelidze v. Holder (7th Circuit)

On August 6, 2002 President Bush signed the Child Status Protection Act. This law addresses the problem of minor children losing their eligibility for certain immigration benefits as a result of UCIS processing delays. (when children of U.S. citizens turn … Continue reading

Posted in Child Status Protection Act, CSPA | 1 Comment

BIA Finds California Assault with Intent to Commit a Felony Is a Crime of Violence

The Board of Immigration Appeals (BIA or Board) held in Matter of Ramon Martinez, 25 I. & N. Dec. 571 (B.I.A. July 15, 2011), that a violation of § 220 of the California Penal Code (assault with intent to commit … Continue reading

Posted in BIA, Board of Immigration Appeals, crime of violence | Leave a comment

BIA Finds § 212(h) Waiver Not Available to Overcome Bar to Cancellation of Removal

Matter of BUSTAMANTE, 25 I&N Dec. 564 (BIA 2011) The bar to cancellation of removal in section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. § 1229b(b)(1)(C) (2006), which precludes an alien who has been convicted of an offense … Continue reading

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