Author Archives: Mike Baker

BIA Overrules Matter of Shanu in Part; Finds Alien Present in U.S. Pursuant to Admission Occurring More than Five Years Before CIMT Offense Is Not Deportable

Posted on February 7, 2011 by Mike Baker

The Board of Immigration Appeals (BIA or Board) held in Matter of Alyazji, 25 I. & N. Dec. (B.I.A. Feb. 3, 2011), that, in general, an alien’s conviction for a crime involving moral turpitude (CIMT) triggers removability under INA § … Continue reading →

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

Seventh Circuit finds BIA summary affirmance procedure to benefit noncitizens and not just DHS

Posted on January 28, 2011 by Mike Baker

Ward v. Holder No. 10-2063 United States Court of Appeals for the Seventh Circuit 2011 U.S. App. Lexis 1184 (January 21, 2011) A petition for review, by natives and citizens of Philippines, a BIA’s affirmance of an IJ’s finding that … Continue reading →

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

Approval of Petitions and Applications after the Death of the Qualifying Relative

Posted on January 27, 2011 by Mike Baker

U.S. Citizenship and Immigration Services Office of the Director December 16, 2010 PM-602-0017 Policy MemorandumApproval of Petitions and Applications after the Death of the Qualifying Relative The DHS had determined that if the petitioner died before a case was complete … Continue reading →

Posted in Adjustment of Status | Leave a comment

HB 2281 (you know, Arizona’s other new racist law) Ethnic Chauvinism

Posted on January 14, 2011 by Mike Baker

Chicano Studies Teach “Ethnic Chauvinism,” Says AZ School Chief Tom Horne HB 2281 (you know, Arizona’s other new racist law), the one ostensibly meant to protect American students from anti-American curriculum in the state’s public schools. The law forbids any … Continue reading →

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ALVARADO FONSECA v. HOLDER- Anti-Drug Abuse Act of 1988, ex post facto clause 7th Circuit

Posted on January 14, 2011 by Mike Baker

A Mexican citizen’s petition for review of the BIA’s dismissal of his appeal of an IJ’s deportation order on the ground that his 1984 state court conviction for armed robbery constituted an aggravated felony, is denied where: 1) because petitioner … Continue reading →

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