Author Archives: Mike Baker

ICE Memo on Prosecutorial Discretion Regarding Certain Victims, Witnesses, and Plaintiffs

Posted on July 24, 2011 by Mike Baker

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.

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OCAHO Says Reporting Unauthorized Workers Is Not Protected Under INA §274B

Posted on July 24, 2011 by Mike Baker

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 →

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BIA Finds Conviction for Violating Kansas No-Contact Provision Is a Removable Offense

Posted on July 24, 2011 by Mike Baker

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 →

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BIA Says Arriving Aliens Subject to Expedited Removal May Be Placed in §240 Proceedings

Posted on July 24, 2011 by Mike Baker

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)

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Cancellation of Removal/Break in Continuous Physical Presence Based on Execution of Form I-826 and Voluntary Return

Posted on July 24, 2011 by Mike Baker

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 →

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