Author Archives: Mike Baker

CA7 upholds IJ denial of Kyrgyzstan political asylum application

Record contained sufficient evidence to support IJ’s denial of alien’s asylum petition on grounds that alien was not credible, even though alien claimed that he faced persecution for his political activism as member of youth wing of political opposition party … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Asylum, Ata Meken party in Kyrgyzstan, political asylum, Uncategorized | Leave a comment

CA7 upholds IJ finding that family members perceived as having money is not ‘membership in a particular social group’

Record contained sufficient evidence to support IJ’s denial of alien’s application for withholding of removal to Mexico based on his proposed social group of Mexican nationals whose family members have suffered persecution at hands of Zetas gang and other drug … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, Convention Against Torture, membership in a particular social group, withholding of removal | Leave a comment

CA7 finds that use of false social security number in order to work may not be crime of moral turpitude

Arias v. Lynch, No. 14-2839 (August 24, 2016) Petition for Review, Order of Bd. of Immigration Appeals Petition granted. Arias v. Lynch, Court of Appeals, 7th Circuit 2016 Download Case Arias came to the U.S. without authorization in 2000. She … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, CIMT, Crime involving moral turpitude, false social security number | Tagged | Leave a comment

Failure to comply with an order of voluntary departure, available for certain victims of domestic violence or related abuse, does not extend to U-1 nonimmigrant victims of qualifying criminal activity

The following Immigration Policy Memorandum is now available Matter of L-S-M-, Adopted Decision 2016-03 (AAO Feb. 23, 2016) PM-602-0133 This policy memorandum (PM) designates the attached decision of the Administrative Appeals Office (AAO) in Matter of L-S-M- as an Adopted … Continue reading

Posted in Matter of L-S-M-, Voluntary Departure | Leave a comment

CA7 requires satisfying Lozada’s procedural requirements even where ineffective assistance of counsel is “clear and obvious from the record.”

Guzman-Rivadeneira came to the U.S. from Ecuador. In 1993 he was convicted in California of possession of counterfeit prescription blanks. After returning to Ecuador, he returned to the U.S. and became a lawful permanent resident because his mother is a … Continue reading

Posted in 7th Circuit, 7th Circuit Cases- Aliens, ineffective assistance of counsel, Matter of Lozada, Velasquez exception | Leave a comment