Author Archives: Mike Baker

BIA Addresses Whistleblowing as a Basis for Asylum: Matter of N-M-, 25 I&N Dec. 526 (BIA 2011)

Posted on July 23, 2011 by Mike Baker

The BIA found that retaliation for opposition to state corruption may form the basis for a claim based on political opinion if, post-REAL ID, the actual or imputed anti-corruption belief was one central reason for the harm. Matter of N-M-, … Continue reading →

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

BIA Finds Driving with Wanton or Willful Disregard for Lives or Property to Elude Police is a CIMT

Posted on July 22, 2011 by Mike Baker

The BIA held in Matter of Ruiz-Lopez, 25 I.&N. Dec. 551 (B.I.A. June 3, 2011) that (1) the offense of driving a vehicle in a manner indicating a wanton or willful disregard for the lives or property of others while … Continue reading →

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

Withholding of Removal, Macedonia Stanojkova v. Holder (7th Cir. 2011)

Posted on July 22, 2011 by Mike Baker

No. 10-3327 Decision Date: July 14, 2011 Petition granted http://www.ca7.uscourts.gov/fdocs/docs.fwx?submit=showbr&shofile=10-3327_002.pdf (PDF) Record failed to support Bd.’s denial of application for withholding of removal by aliens (native of Macedonia) alleging that they were persecuted by members of paramilitary police in native … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, withholding of removal | Leave a comment

ABRAHAM v. HOLDER, Seventh Circuit: Asylum/withholding of removal/lack of jurisdiction

Posted on June 17, 2011 by Mike Baker

ABRAHAM v. HOLDER-No. 10–2256. — June 1, 2011 Download Original From the court Petitioner, a native of Syria, entered the U.S. on a fiance visa, but did not marry within 90 days. More than a year after her visa expired, … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, withholding of removal; lack of jurisdiction | Leave a comment

BIA Outlines Framework for IJs to Analyze Cases in Which Issues of Mental Competency Are Raised

Posted on May 6, 2011 by Mike Baker

In Matter of M-A-M-, 25 I. & N. Dec. 474 (B.I.A. May 4, 2011), a panel of the Board of Immigration Appeals (BIA or Board) held that (1) aliens in immigration proceedings are presumed to be competent and, if there … Continue reading →

Posted in BIA, Board of Immigration Appeals, Mental Competency | Leave a comment