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- Relief Application Waived if Not Filed by IJ’s Deadline, BIA Rules September 11, 2020
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Author Archives: Mike Baker
ICE Memo on Prosecutorial Discretion Regarding Certain Victims, Witnesses, and Plaintiffs
ICE 6/17/11 memo from Director John Morton setting policy on the exercise of prosecutorial discretion in removal cases involving victims and witnesses of crime, including domestic violence, and individuals involved in non-frivolous efforts related to civil rights protection.
Posted in Prosecutorial discretion
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OCAHO Says Reporting Unauthorized Workers Is Not Protected Under INA §274B
The Office of the Chief Administrative Hearing Officer (OCAHO) found that there is no cause of action under INA §274B(a)(5), where the employee alleges retaliation for reporting the presence of undocumented workers or other violations that fall under INA §274A. … Continue reading
BIA Finds Conviction for Violating Kansas No-Contact Provision Is a Removable Offense
A conviction for violation of the no-contact provision of a protection order issued under the Kansas Protection from Abuse Act constitutes a removable offense under INA §237(a)(2)(E)(ii). Matter of Strydom, 25 I&N Dec. 507 (BIA 2011). The Board held that a … Continue reading
BIA Says Arriving Aliens Subject to Expedited Removal May Be Placed in §240 Proceedings
DHS has the discretion to place arriving aliens in removal proceedings under INA §240, even if they may also be subject to expedited removal under INA §235(b)(1)(A)(i). Matter of E-R-M- & L-R-M, 25 I&N Dec. 520 (BIA 2011)
Posted in BIA, Board of Immigration Appeals
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Cancellation of Removal/Break in Continuous Physical Presence Based on Execution of Form I-826 and Voluntary Return
In Reyes-Sanchez v. Holder, 2011 WL 2725813 (7th Cir. 2011), the U.S. Court of Appeals for the Seventh Circuit denied a petition for review filed by a citizen of Mexico whose application for cancellation of removal under INA § 240A(b) … Continue reading
Posted in BIA, Board of Immigration Appeals
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