Author Archives: Mike Baker

Second or subsequent simple possession offenses are not aggravated felonies under §1101(a)(43) when, as in this case, the state conviction is not based on the fact of a prior conviction

Posted on June 14, 2010 by Mike Baker

In Carachuri-Rosendo v. Holder (09-60), the Court reverses, in an opinion by Justice Stevens.  The vote is unanimous, though Justices Scalia and Thomas each file opinions concurring in the judgment only. Issue: Whether a person convicted under state law for … Continue reading →

Posted in Deportation for Drug Crimes, U.S. Supreme Court | Leave a comment

Chinese Asylum: Is it appropriate to treat suing a unit of government as a legitimate means of expressing one’s political opinion? 7th Circuit 2010

Posted on June 10, 2010 by Mike Baker

Xiu Chen v. Eric Holder, Jr. (Easterbrook)Full Text A Chinese citizen’s petition for review of BIA’s denial of her application for asylum is granted and remanded as the Board has never addressed the question of whether it is appropriate to … Continue reading →

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

Driving While License Revoked (DWLR) offense was not a lesser-included offense of aggravated DUI.People v. Nunez Filed 3-18-10

Posted on June 7, 2010 by Mike Baker

The fact that Defendant’s driver’s license was revoked at the time he drove while under the influence is not an element of the DUI offense, but rather it was a factor that served to enhance the sentence classification from a … Continue reading →

Posted in DUI criminal charge in Illinois, Illinois DUI lawyer | Leave a comment

There must be evidence of the presence of cannabis in the blood, breath, or urine to be found guilty of a DUI based on 11-501(a)(6) People of the State of Illinois v. Samuel McPeak, No. 2080572

Posted on June 7, 2010 by Mike Baker

The 2nd District recently ruled that there was insufficient evidence to convict for a DUI where there was neither evidence of impaired driving nor evidence of cannabis in the breath, blood, or urine of the defendant. Defendant Samuel McPeak was … Continue reading →

Posted in DUI criminal charge in Illinois, Illinois DUI lawyer | Leave a comment

Matter of MONGES-Garcia, 25 I&N Dec. 246 (BIA 2010)

Posted on June 3, 2010 by Mike Baker

BIA Finds No Conflict Between Regulation’s Time Limits on Motions to Reopen and INA § 242B(e)(1)’s Limit on Discretionary Relief. (1) The 90-day time limitation for filing a motion to reopen in 8 C.F.R. § 1003.23(b)(1) (2010) applies to motions … Continue reading →

Posted in absentia deportation order, BIA, Board of Immigration Appeals, Motions to Reopen | Leave a comment