Author Archives: Mike Baker

CA7 affirms removal for Violation of Order of Protection to stay away from Petitioner, threats of violence and bodily injury not required

Posted on February 16, 2017 by Mike Baker

Court did not err in finding that alien was statutorily ineligible to obtain cancellation of removal relief, where alien had 2010 State of Illinois conviction for violating domestic order. Under 8 USC section 1227(a)(2)(E)(ii), alien is removable where court has … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Domestic battery, Order of Protection, Section 1227(a)(2)(E)(ii), Violation of Order of Protection | Leave a comment

Illinois Supreme Court holds that counsel was required to give Defendant only a general warning of possibility of immigration consequences

Posted on September 30, 2016 by Mike Baker

Defendant pled guilty to burglary and was sentenced to 3 years probation. At time of plea, Defendant was a citizen of Dominican Republic, and a resident alien of U.S. based on his marriage to a U.S. citizen. During plea hearing, … Continue reading →

Posted in Guilty Pleas, Immigration Consequences of Criminal Convictions, ineffective assistance of counsel | Leave a comment

CA7 upholds IJ denial of continuance to challenge marriage fraud finding and denial of adjustment of status

Posted on September 15, 2016 by Mike Baker

In 2009, the United States Citizenship and Immigration Services (USCIS) determined that Cadavedo, a native of the Philippines, had engaged in marriage fraud. During an interview, Cadavedo’s wife had admitted that Cadavedo had promised to pay her to marry him … Continue reading →

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Adjustment of Status, Marriage Fraud, Motion for Continuance | Leave a comment

CA7 finds BIA sua sponte remand did not reopen request for 212(c) relief but upholds deferral of removal under CAT for Iraq national

Posted on September 15, 2016 by Mike Baker

Turkhan, born in 1960 in Iraq, entered the U.S. in 1979, eventually becoming a legal permanent resident. He is an Assyrian Christian, has not left the U.S. since 1979, is married to a U.S. citizen, and is the father of … Continue reading →

Posted in 212(c), 7th Circuit, 7th Circuit Cases- Aliens, Aggravated felony, Convention Against Torture | Leave a comment

CA7 lacked jurisdiction to review BIA denial of discretionary 212(h) waiver where alien was involved in violent or dangerous crime

Posted on August 30, 2016 by Mike Baker

Bd. did not err in reversing IJ’s grant of alien’s application for waiver of inadmissibility under section 212(h) of INA, where: (1) alien became removable based on his prior conviction on charge of unarmed bank robbery, which, in turn, resulted … Continue reading →

Posted in 212 (h) waiver, 7th Circuit, 7th Circuit Cases- Aliens, Uncategorized, Waivers, Waivers of Inadmissibility | Leave a comment