Author Archives: Mike Baker

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

Padilla v. Kentucky Reference Guide

Posted on September 13, 2010 by Mike Baker

Office of Immigration Litigation – Appellate SectionOffice of Immigration Litigation Issues Reference Guide to ImmigrationTweet http://www.justice.gov/civil/oil/OIL_Padilla_Reference_Guide.pdf Consequences of Crimes in Response to Supreme Court Decision in Padilla v. Kentucky. In view of the Supreme Court’s decision in Padilla v. Kentucky, … Continue reading →

Posted in ineffective assistance of counsel, Padilla, Padilla v. Kentucky | 1 Comment

Section 245(i) not available for Spouse of 245(i) Eligible Applicant: Matter of LEGASPI, 25 I&N Dec. 328 (BIA 2010)

Posted on September 8, 2010 by Mike Baker

Matter of Michael Raymund Aguirre LEGASPI, Respondent File A097 368 288 – Los Angeles, California Decided September 1, 2010 U.S. Department of JusticeExecutive Office for Immigration ReviewBoard of Immigration AppealsClick here for the decision.Tweet An alien is not independently “grandfathered” … Continue reading →

Posted in 245(i), Adjustment of Status, BIA, Board of Immigration Appeals | Leave a comment

Padilla applied retroactively to conviction which became final before March 31, 2010

Posted on September 2, 2010 by Mike Baker

UNITED STATES OF AMERICA, Plaintiff/Respondent, v. ROSELVA CHAIDEZ, Defendant/Petitioner.  No. 03 CR 636-6  UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS, EASTERN DIVISION  2010 U.S. Dist. LEXIS 81860  August 11, 2010, Decided August 11, 2010, Filed  PRIOR HISTORY: … Continue reading →

Posted in ineffective assistance of counsel, Padilla, Padilla v. Kentucky, Retiractivity | Leave a comment

PEDROZA, CASILLAS-TOPETE, CORTEZ Canales 3 BIA cases

Posted on August 27, 2010 by Mike Baker

Matter of Hugo Heredia PEDROZA 25 I&N Dec. 312 (BIA 2010) An alien’s conviction for a crime involving moral turpitude does not render him ineligible for cancellation of removal under section 240A(b)(1)(C) of the Immigration and Nationality Act, 8 U.S.C. … Continue reading →

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