Author Archives: Mike Baker

LIN v. HOLDER JR-Chinese asylum and withholding of removal 7th Circuit

Posted on December 24, 2010 by Mike Baker

A Chinese citizen’s petition for review of a BIA’s affirmance of an IJ’s denial of an application for asylum and withholding of removal based on his wife’s alleged abortion, is denied where: 1) even if the abortion and sterilization certificates … Continue reading →

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

Matter of Soram, ID 3701, 25 I&N Dec. 378 (BIA 2010) – Unreasonably placing a child in a situation that poses a threat of injury to the child’s life or health

Posted on November 19, 2010 by Mike Baker

The crime of unreasonably placing a child in a situation that poses a threat of injury to the child’s life or health in violation of section 18-6-401(1)(a) of the Colorado Revised Statutes is categorically a crime of child abuse under … Continue reading →

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

Bribery of a public official is not an aggravated felony. Matter of GRUENANGERL, 25 I&N Dec. 351 (BIA 2010)

Posted on October 15, 2010 by Mike Baker

Matter of GRUENANGERL, 25 I&N Dec. 351 (BIA 2010) Interim Decision #3698http://www.justice.gov/eoir/vll/intdec/vol25/3698.pdf The crime of bribery of a public official in violation of 18 U.S.C. § 201(b)(1)(A) (2006)is not an offense “relatingto” commercial bribery and is therefore not an aggravated … Continue reading →

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

Cancellation of Removal/Good Moral Character/false claim of citizenship

Posted on October 7, 2010 by Mike Baker

Issue: Petitioner Muratoski challenges BIA’s interpretation of the regulation regarding the exception to an adverse finding of good moral character based on a false claim of citizenship (8 U.S.C. § 1101(f); Matter of Guadarrama de Contreras, 24 I. & N. … Continue reading →

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

Fair Sentencing Act Alters Immigration Treatment of Crack Convictions

Posted on October 1, 2010 by Mike Baker

Section 3 of the Fair Sentencing Act amended 21 USC 844(a) by deleting the language that made a conviction for simple possession of more than five grams of crack cocaine a felony.  Under 21 USC 844(a), as amended by the … Continue reading →

Posted in Aggravated felony, Deportation for Drug Crimes | Leave a comment